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Bobby D. Associates v. DiMarcantonio
Pennsylvania Superior Court
751 A.2d 673 (2000)
- Written by Sean Carroll, JD
Facts
Edward DiMarcantonio (defendant) issued a promissory note that was transferred to Oxford Finance Companies, Inc. (Oxford). DiMarcantonio failed to make all required payments on the note. The note was lost while in Oxford’s possession. Subsequently, Bobby D. Associates (BDA) (plaintiff) bought Oxford’s interest in the lost note. BDA sued DiMarcantonio to recover on the note. DiMarcantonio argued that because BDA did not possess or have an interest in the note when it was lost, BDA could not recover. The trial court ruled in BDA’s favor. DiMarcantonio appealed.
Rule of Law
Issue
Holding and Reasoning (Elliott, J.)
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