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CITICORP LEASING v. WHITAKER

605 S.W.2d 24 (1980)

CITICORP LEASING, INC., Appellant, v. Jean WHITAKER and Joe Tillman, Individually and d/b/a Tillman and Whitaker Company; and Jos. L. Rozier Machinery Co., Appellees. Jean WHITAKER and Joe Tillman, Individually and d/b/a Tillman & Whitaker Company and Joseph L. Rozier Machinery Company, Cross-Appellants, v. CITICORP LEASING, INC., Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied October 7, 1980.

Attorney(s) appearing for the Case

David C. Fannin, Francis J. Mellen, Jr., Wyatt, Grafton & Sloss, Louisville, for appellant.

John V. Porter, Wells, Porter & Schmitt, Paintsville, for Jean Whitaker and Joe Tillman.

David Luther Woodward, Tampa, Fla., S. Howse Johnson, Johnson & Johnson, Paintsville, for Jos. L. Rozier Machinery Co.

Before GANT, HOWARD and WHITE, JJ.

HOWARD, Judge.

This is an appeal from the Johnson Circuit Court wherein the court held that the appellant could not recover certain sums under a conditional sales contract which had been assigned to it. The reason assigned for this decision was that the appellant was not a holder in due course, pursuant to KRS 355.9-206(1), and therefore the partnership herein could raise the defense of a failure of title and of consideration.

The partnership was a Florida...

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