Estate, Inc. v. Southern Land Title Corp.

REDMANN, Judge.

Plaintiff in this suit on a promissory note payable to bearer appeals from a judgment maintaining an accommodation indorser’s peremptory exception of no right of action.

Plaintiff alleged it was the holder and owner of the note. The factual question is whether plaintiff was the holder at the time suit was filed; and the legal question is whether, if plaintiff was not the holder until after suit filed, plaintiff then had no right of action; and whether the absence of a right of action at the filing of suit may be cured by subsequent acquisition of a right of action.

The testimony…