STEWART v. THORNTON

No. 12779-PR.

116 Ariz. 107 (1977)

568 P.2d 414

Donald G. STEWART, Appellant, v. Marjorie E. THORNTON, a widow, Appellee.

Supreme Court of Arizona, In Banc.

July 12, 1977.


Attorney(s) appearing for the Case

Walton, Lauinger & Friedeman by Thomas J. Lauinger, John W. Friedeman, Scottsdale, for appellant.

Behrens, MacLean & Jacques by John H. MacLean, John K. Graham, Phoenix, for appellee.

William Kanter, Dept. of Justice, Washington, D.C., for amicus curiae Housing and Urban Development.


STRUCKMEYER, Vice Chief Justice.

This is a declaratory action to determine the rights of appellant Donald G. Stewart as the holder of a promissory note. The Superior Court entered a judgment favorable to Marjorie E. Thornton, the maker, that Stewart was not a holder in due course. The Court of Appeals reversed, 27 Ariz.App. 105, 551 P.2d 95 (1976). We accepted review pursuant to 17A, A.R.S...

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