HRS 0490-0003-0305 ANNOTATIONS

Where genuine issues of material fact existed as to whether plaintiff was a holder in due course, including whether plaintiff took mortgagor's note "for value" and whether plaintiff took the note "in good faith" and "without notice that the note was overdue" or that mortgagor had "a defense or claim in recoupment", trial court erred in granting plaintiff's motion for summary judgment. 99 H. 173 (App.), 53 P.3d 312.