Townsend Trust Co. v. Reynolds

Rodney, J.,

delivering tjie opinion of the Court:

A number of questions were discussed in the argument, *300but in view of the conclusion herein reached, but one will be considered.

The fourth item of the affidavit of defense as set out in the statement of facts expressly states that the plaintiff, neither at the time of the commencement of the action nor ■ “now” holds or has in its possession any note or notes.made ■ or signed by the defendants. This categorically states that the plaintiff was not the holder of the note at the time .suit was brought.

The note was a negotiable instrument and .so…