SFC ACCEPTANCE CORPORATION v. SPAIN

No. 48705.

207 So.2d 364 (1968)

251 La. 902

SFC ACCEPTANCE CORPORATION v. John H. SPAIN and Elizabeth Spain.

Supreme Court of Louisiana.

February 19, 1968.


Attorney(s) appearing for the Case

Alvin Rudy Eason, Metairie, for defendants-appellants.

John S. Sciambra, Jacob H. Sciambra, New Orleans, for respondent.


SUMMERS, Justice.

Plaintiff SFC Acceptance Corporation instituted this suit against John H. Spain and his wife Elizabeth Spain to recover the balance due on a note identified with a sale and chattel mortgage. One of the defenses alleged by the Spains was that plaintiff was not a holder in due course, and hence the note was subject to all defenses they could assert against the original payee. The trial court rendered judgment in favor of plaintiff without assigning...

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