ARCANUM NATIONAL BANK v. HESSLER

No. 81-751.

69 Ohio St. 2d 549 (1982)

ARCANUM NATIONAL BANK, APPELLEE, v. HESSLER, APPELLANT.

Supreme Court of Ohio.

Decided March 3, 1982.


Attorney(s) appearing for the Case

Mr. Herbert W. Cox, for appellee.

Swinehart & Princi Co., L.P.A., Mr. Howard E. Swinehart and Ms. Michelle J. Gearhardt, for appellant.


KRUPANSKY, J.

The sole issue in this case is whether appellee is a holder in due course who takes the note free from appellant's defense of want of consideration.

In a suit by the holder of a note against the maker, the holder obtains a great advantage if granted the status of holder in due course. R. C. Chapter 1303 (Article 3, U.C.C.) provides that a holder in due course takes the instrument free from most defenses and claims.1

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