Standard Insulation and Window Co. v. Dorrell

MAUGHMER, Commissioner.

Is the defendant-maker of a promissory note legally entitled to recover under his counterclaim, from the plaintiff-assignee after maturity, an overpayment made to the original payee-assignor?

For a time prior to September 1, 1952, the defendant Robert L. Dorrell had been employed as sales manager for the Standard Awning Company, Kansas City, Missouri, a partnership composed of Charles Miller (father), Faye E. Miller (mother), and Boyd A. Miller (son). Insulation of buildings and the manufacture of awnings and storm windows was their principal business. On September 1,…