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WILLEY v. MAYER

No. 93SC452.

876 P.2d 1260 (1994)

Clarence E. WILLEY, Petitioner, v. Raymond C. MAYER, individually and as an officer and director of Western Slope Investment & Development, Inc.; Western Slope Investment & Development, Inc., a Colorado corporation; and R. Martin Rhodes, II, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 8, 1994.

Attorney(s) appearing for the Case

David W. Duncan, P.C., David W. Duncan, Durango, for petitioner.

Stevens, Littman & Biddison, Craig A. Weinberg, Andrew C. Littman, Boulder, for respondents Raymond C. Mayer and Western Slope Inv. & Development, Inc.

No appearance by R. Martin Rhodes, II.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari in this case to decide whether a holder in due course of a promissory note, signed in the name of the principal by his agent who held a general power of attorney, could sue upon the note and enforce it against the principal. For the reasons stated below, we answer that question in the affirmative. Accordingly, we reverse the judgment of the court of appeals in Willey v. Mayer,

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