Cary v. Bynum

The note sued on in this case purported to he an obligation of defendant, negotiable and payable to W. E. Lovett and Tennessee Valley Bank at the Tennessee Valley Bank, and transferred to plaintiff by W. E. Lovett for a valuable consideration before maturity. It is also alleged that plaintiff is the owner of the note sued on.

Section 5699 of the Code of 1923 provides that suits on notes payable at a bank or other commercial paper must be instituted in the name of the person holding the legal title. Wilson v. Weaver, 16 Ala. App. 249, 77 So. 238.

As a general rule the possession and production…