(Download) "Eastern Acceptance Corporation v. Henry" by District of Columbia Court of Appeals. " eBook PDF Kindle ePub Free
eBook details
- Title: Eastern Acceptance Corporation v. Henry
- Author : District of Columbia Court of Appeals.
- Release Date : January 04, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CLAGETT, Associate Judge. This was a suit by the holder against the maker of a negotiable promissory note. Decision of the
case turns entirely upon whether plaintiff was a holder in due course within the meaning of the Uniform Negotiable Instruments
Law, in force in the District of Columbia, 1 and thus took the note free from defenses available to the maker against the
payee. The case was tried without a jury, and the trial court made a general finding for defendant. Plaintiff appeals. The transaction was initiated November 8, 1946, when defendant made a written contract with Patterson-Caulfield Corp., whereby
it was agreed that the corporation would install for defendant certain storm windows, screens and ventilators. The contract
was to be completed within from three to six weeks 'for a cash sum of $575', 'payable $18.85 monthly for 36 months' -- the
first payment not to fall due before May 8, 1947. The note sued on was signed by defendant, dated November 22, 1946, payable
to the order of Patterson-Caulfield Corp. and was in the amount of $678.50, payment 'beginning in 62 days.' It was witnessed
by the same officer of the Patterson-Caulfield Corp. who had signed the contract. Emphasis is laid upon the fact that the
note, which was on a printed form, was marked payable at the office of plaintiff at its Washington address. The note bore
two endorsements, both without recourse, the first to the order of the United Clay Products Company, signed by the office
manager of the Patterson-Caulfield Corp., and the second signed by an officer of the United Clay Products Company and payable
to the order of plaintiff.