Puckett v. Big Lake State Bank

On Motion for Rehearing.

In our opinion we said there was nothing in the record to indicate that the bank was not a holder of the note in due course.

Appellants submit that in so holding we are in conflict with Taylor & Co., Inc., v. Nehi Bottling Co., 30 S.W.(2d) 494, 495, by the Dallas court. After a careful study of the case we think we ai-e not necessarily in conflict with that ease. The rule stated in the case depended upon certain facts established by the defense. The suit was upon a negotiable promissory note. Appellant pleaded that it was a holder in due course, that it took same in…