Davis v. National City Bank

Whether or not the payee of a negotiable promissory note may be a holder in due course under the 'negotiable-instruments law, is a question upon which the courts of the country are in serious conflict. As one writer suggests, however, in most of the situations involved in the cases sustaining a recovery on the theory that the payee was a holder in due course, the general law might have sustained a recovery. Professor Brannan and Professor Beutel, in their excellent work entitled “Brannan’s Negotiable Instruments Law” (5th ed.), have presented a strong, exhaustive, and strenuous argument in…