Perkins Oil Co. v. Davis

KNIGHT, Justice.

Suit by holder of a promissory note against an accommodation indorser. The rights of a bona fide holder, in due course, before maturity, are not involved. Under the pleadings and evidence in the case, any defense open to the defendant as against plaintiff’s assignor, is equally available to him against the plaintiff. Code, § 9084; Fortson v. Bishop, 204 Ala. 524, 86 So. 399.

The plaintiff’s case is stated in count 2, in which the note is set out in full, including the indorsement upon the back of the note, under which defendant’s name is signed.

The defendant filed quite a…