Dreyfuss v. Burton

Defendants appeal from the judgment entered against them following the granting of respondent’s motion to strike appellants’ answer and for summary judgment. As initially pleaded, respondent’s cause of action was one seeking to collect upon a promissory note of which she alleged that she was a holder in due course. By their answer appellants alleged that respondent was neither a holder in due course nor an assignee for value of the note but merely a sham party created by the true owner of the note in an effort to avoid defenses and the assertion of a counterclaim or setoff existing against…