Baton Rouge Bank & Trust Co. v. Whittington

LANDRY, Judge.

Defendant Whittington appeals the judgment of the trial court recognizing plaintiff bank as the holder in due course of two promissory notes executed by defendant, and also awarding plaintiff judgment for the balance due on the instruments together with interest and attorney’s fees. We affirm.

The defenses interposed are essentially that plaintiff is not a holder in due course; that the notes were given without consideration and, alternatively, the notes represent a conditional obligation which never matured.

The facts are virtually undisputed. Appellant was engaged by a…