Tinney v. Duckett

CAYTON, Acting Judge.

In 1952 Mr. Tinney, an attorney, filed this action against William Duckett and his wife on a promissory note. The note was payable to Luther Williams whom the complaint described as “assignor of the plaintiff.” Among the defenses asserted in the answer was that the note was without consideration; that plaintiff was not a holder in due course; that payee Williams had refused to properly perform remodeling work he had contracted to do on defendants’ property; and that by reason of such breach defendants were not obligated on the note. On defendants’ motion Luther Williams…