470 N.E.2d 485 | Ohio Ct. App. | 1984
This case is before us on the appeal of defendant-appellant, Louella J. Myers, from a summary judgment *197 rendered by the Franklin County Municipal Court in favor of plaintiff-appellee, Bank One of Columbus, NA.
Defendant purchased a mobile home with the proceeds of a mortgage loan procured from plaintiff. Defendant signed a promissory note on October 5, 1979, and plaintiff retained a security interest in the mobile home.
Alleging that the mobile home was defective and unsafe, defendant apparently brought suit against the seller and the manufacturer based on breach of warranty. When defendant defaulted on the promissory note, plaintiff apparently repossessed the mobile home, sold it, and brought suit against defendant for the deficiency.
Defendant attempted to assert her breach of warranty claim as a defense to plaintiff's cause of action. The trial court granted summary judgment for plaintiff, and defendant appeals, asserting the following two assignments of error:
"I. The trial court erred in granting judgment as a matter of law pursuant to Rule 56 of the Ohio Rules of Civil Procedure.
"II. Section
The issue presented by the first assignment of error is whether defendant can assert the defenses she has against the seller of the mobile home against plaintiff.
The parties agree that plaintiff is a holder in due course of the promissory note. See R.C.
R.C.
In the present case, R.C.
Defendant alleges in her second assignment of error that R.C.
For the foregoing reasons, the judgment of the trial court is reversed and the cause is remanded for further proceedings consistent with this opinion.
Judgment reversed and cause remanded.
REILLY and NORRIS, JJ., concur. *198