Johnson v. Agricultural Bond & Credit Corp.

On Motion for Rehearing.

In a motion for rehearing appellee asserts that this court erroneously reversed the judgment of the trial court, since the record shows it acquired the note and mortgage from the Curtis Harvester Corporation by a written assignment, which is conclusive as to its right to recover thereon because neither the execution of the assignment nor its validity was put into controversy by a verified plea, and the court correctly directed a verdict in its behalf.

It relies on article 573, which reads as follows: “When suit is brought by an as-signee or indorsee of a written…