Floyd Construction Co. v. Stanley

Nichols, Judge.

This is a suit brought by the payee of a promissory note, as plaintiff, against the makers of the note, as defendants. The plaintiff being the payee in the negotiable instrument which is the subject matter of this suit is not, under the Negotiable Instruments Act, a holder in due course. Davis v. Nat. City Bank of Rome, 46 Ga. App. 194 (167 S. E. 191); Pendley v. Credit Equipment Corp., 92 Ga. App. 658 (89 S. E. 2d 567). The plaintiff not being a holder in due course subjects the negotiable promissory note to the same defenses as if it were non-negotiable. Code (Ann.) § 14-508.

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