Heating Acceptance Corporation v. Patterson

The plaintiff sued as the endorsee of a promissory note given by the defendant to the payee, Holland Furnace Company, hereinafter referred to as Holland, in payment for a furnace purchased from it and installed in the defendant's six-family dwelling house in Bridgeport. The note was executed and delivered to Holland's agent in Bridgeport on or about November 12, 1958, but was made payable at Holland's home office in Holland, Michigan. On or before December 30, 1958, the note was endorsed and negotiated by Holland to the plaintiff, apparently in Michigan. The defendant claimed, in effect, that the furnace was defective and improperly installed by Holland; that she knew nothing about the note and signed it as a result of fraud in the factum on the part of Holland; and that the plaintiff was not a holder in due course. From a verdict for the plaintiff the defendant has appealed. We first consider an assignment of error directed to five rulings on evidence, since these are dispositive of the appeal adversely to the plaintiff. The five rulings were improperly combined in a single paragraph of the finding. Practice Book 648.