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INDEMNITY INSURANCE COMPANY v. AMERICAN DESERET LIMITED

No. 1527, Docket 94-7258.

56 F.3d 460 (1995)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. AMERICAN DESERET LIMITED PARTNERSHIP, Thomas Bolcato, John E. Brathwaite, Wayne Epple, R.G. Ferrell, Terry L. Foster, Bruce F. Furst, David C. Goodlett, Gerald D. Huff, Timothy Hutchinson, Robert E. James, James W. Jensen, Jeffrey E. Lucas, M.H. Michaelson, Michael C. Moore, Andrew Mumma, Daniel D. Nickeson, Timothy O'Brien, Jackie Payne, Rodney G. Peterson, Republic Investments, Inc., Donny M. Seals, John D. Stahl, Ronald E. Stout & Mary Tavison, Defendants, Joseph C. Eyring & Joseph Garn Ford, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 2, 1995.

Attorney(s) appearing for the Case

Robert McL. Boote, Philadelphia, PA (Ballard Spahr Andrews & Ingersoll, Philadelphia, PA, Lawrence L. Flynn, Gottesman, Wolgel, Secunda, Malamy & Flynn, New York City on the brief), for plaintiff-appellee.

I. Walton Bader, White Plains, NY (Bader & Bader, on the brief), for defendants-appellants.

Before: KEARSE, CALABRESI, and CABRANES, Circuit Judges.

PER CURIAM:

Defendants Joseph C. Eyring and Joseph Garn Ford appeal from a final judgment of the United States District Court for the Southern District of New York, Michael B. Mukasey, Judge, granting summary judgment in favor of plaintiff on its claims for recovery on certain promissory notes signed by defendants-appellants. Defendants-appellants contend that the notes were unenforceable, arguing principally (1) that plaintiff was not a holder in due course...

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