Temple v. Davison Chemical Corp.

On demurrer pleadings are construed against the pleader. One can not be the “holder” of a negotiable instrument, in the legal sense of the word, unless it comes into his hands as an unconditional, prima facie enforceable obligation of the party executing it. Code, § 14-102, catchword “holder.” The note sued on is a negotiable instrument and the defendant admitted in his answer that the plaintiff was the holder thereof in order to be entitled to the opening and concluding argument. Such admission was a necessary prerequisite to such a right. Farmers & Merchants Bank of Brewton v. Brantley, 20…