Valley Bank & Trust Co. v. American Utilities, Inc.

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

Presently pending before the Court is plaintiff’s motion for summary judgment and the defendant’s response thereto. The instant action presents the issues of whether plaintiff is a holder in due course of a negotiable instrument and whether defendant has established a defense which would not entitle plaintiff to recover on the instrument. For the reasons hereinafter stated, we conclude that there does not exist a genuine issue of material fact for a jury to determine, and we grant plaintiff’s motion for summary judgment.

This diversity action…