Stevens v. Clintwood Drug Co.

Campbell, J.,

delivered the opinion of the court. ■

This is an action by notice of motion brought by plaintiff in error, hereafter called plaintiff, against W. N. McFall, trading as the Clintwood Drug Company, hereafter called *355defendant, to recover the sum of $331.57 alleged to be due the plaintiff by reason of his alleged purchase from Brenard Manufacturing Company of six negotiable notes executed by defendant and payable to said company. The sole basis of recovery alleged in the notice of motion is that plaintiff was “a holder in due course.”

The defendant, in his grounds of defense, relied…