COMMERCIAL NATIONAL BANK IN SHREVEPORT v. CALK

No. 2232.

207 So.2d 578 (1968)

COMMERCIAL NATIONAL BANK IN SHREVEPORT, Plaintiff and Appellant, v. J. C. CALK, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

February 28, 1968.


Attorney(s) appearing for the Case

Parker & Parker, by A. B. Parker, Jena, for plaintiff-appellant.

Love, Rigby, Donovan, Dehan & Love, by Robert J. Donovan, Jr., Shreveport, for defendant-appellee.

Before CULPEPPER, SAVOY and LEAR, JJ.


CULPEPPER, Judge.

This is a suit by ordinary process for the balance due on a promissory note and recognition of a chattel mortgage securing same, through the seizure and sale of a "trencher" machine. The defense is a failure of consideration due to the defective condition of the machine for whose purchase the note was given. The issue is whether the plaintiff bank is a holder in due course and as such immune from this defense. From an adverse judgment on the merits...

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