Winters National Bank and Trust Co. v. Greenberg Automotive & Radio Co.

Action has been instituted against the defendant upon four trade acceptances. Defendant by way of an affirmative pleading challenges the plaintiff’s right to recovery, claiming that it is not a holder in due course, and has moved here for an order of examination. The proposition presented is whether upon the present state of pleadings defendant is entitled to the deposition. Ordinarily, the right to the examination follows the one upon whom the affirmative burden is placed. It is well established that, if circumstances come to the knowledge of the holder of a negotiable instrument which put…