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RICHARDSON v. MESSINA

Docket No. 61, Calendar No. 47,940.

361 Mich. 364 (1960)

105 N.W.2d 153

RICHARDSON v. MESSINA.

Supreme Court of Michigan.

Decided September 16, 1960.

Attorney(s) appearing for the Case

Moll, Desenberg, Purdy & Glover, for plaintiffs.

Sanborn & Monks, for defendants.

SMITH, J.

The action before us is brought at law upon a conditional sales promissory note. Plaintiffs were not holders in due course thereof, the note being in default upon their acquisition thereof,* and are subject to the defenses of absence or failure of consideration, in whole or in part,† should such be established. The defense asserted is rescission for breach of warranty of fitness.

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