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AZALEA DRIVE-IN THEATRE v. SARGOY

Record No. 740472.

214 S.E.2d 131 (1975)

215 Va. 714

AZALEA DRIVE-IN THEATRE, INCORPORATED, and Twin Drive-In Theatre, Inc. v. Edward A. SARGOY et al.

Supreme Court of Virginia.

April 28, 1975.

Attorney(s) appearing for the Case

Stanley E. Sacks, Norfolk (Louis H. Cohn, Sacks, Sacks & Tavss, Norfolk, on brief), for plaintiffs in error.

Lewis T. Booker, Richmond (Benjamin C. Ackerly; Hunton, Williams, Gay & Gibson, Richmond, on brief), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

I'ANSON, Chief Justice.

Plaintiff, Sargoy, Stein & Hanft (Sargoy), instituted this action against defendants, Azalea Drive-In Theatre, Incorporated, and Twin Drive-In Theatre, Inc. (defendants), to obtain a judgment on a promissory note dated February 12, 1971, in the amount of $70,000, together with interest and a reasonable attorney's fee. Defendants filed a responsive pleading and numerous affirmative defenses, one of which alleged that the note was void because...

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