Wilkins v. RELIANCE EQUIPMENT CO.

The questions on this appeal are controlled primarily by the Negotiable Instruments Law, 'Code 1940, Tit. 39, § 1 et seq. That is to say, whether a note executed by complainants to the order of Wayne E. Banks for $4,500, dated January 10, 1950, is a negotiable instrument and whether respondent is' a holder in due course.

The bill was filed by complainants, the makers of said note with a mortgage to secure it, to cancel the note and mortgage. It alleges that the consideration failed; that the nóte and mortgage were delivered conditionally and the condition was never fulfilled, and that the…