Ederer v. Fisher

SHANNON, Acting Chief Judge.

The appellants were the plaintiffs and the appellee was the defendant in a suit on a promissory note. The trial judge, sitting without a jury, found that the consideration given for the note had failed, and that the plaintiffs were neither holders in due course nor parties deriving title from a holder in due course, and could not recover.

The controversy here centers around the following facts which are basically non-conflicting. The appellee purchased a home from Globe Investment Company, the builder, in September, 1960. Included in the consideration for the…