COMMERCIAL CREDIT CORPORATION v. CARTER

No. 11061.

218 So.2d 326 (1968)

COMMERCIAL CREDIT CORPORATION, Plaintiff-Appellant, v. David M. CARTER, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

On Rehearing January 7, 1969.


Attorney(s) appearing for the Case

Sonny N. Stephens, Winnsboro, for plaintiff-appellant.

S. E. Lee, Jr., Berry & Lee, Winnsboro, for defendant-appellee.

Before GLADNEY, AYRES, and PRICE, JJ.


AYRES, Judge.

This is an action for the recovery of an unpaid balance on a promissory note together with recognition of a vendor's lien and chattel mortgage on a Buick automobile. A defense is there was a want or lack of consideration for the note inasmuch as defendant had never been furnished with a certificate of title to the automobile.

The position of plaintiff is that it is a holder of the note in due course, that is, that it acquired the note for a valid...

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