Davis v. Miller Rubber Products Co.

DUNKLIN, Justice.

This suit was instituted by the Miller Rubber Products Company against W. F. Davis upon six promissory notes executed.by the defendant in the sum of $232.69 each, dated November 25, 1929, and payable, respectively, on the 10th day of January, February, March, April, May, and June, 1930. The notes were made payable to the Miller Rubber Company, and the plaintiff sued thereon as the assignee, and alleged that it had acquired the notes in due course for value and without notice.

The chief complaint made here is of the action of the court in striking out and dismissing the…