Thompson v. Fourth Nat. Bank

The suit is on a promissory note, brought by Fourth National Bank of Montgomery, the payee, against J. A. Thompson, the maker. The defendant pleaded payment and special plea A as follows;

“That the note here sued on is a negotiable instrument, and that prior to the institution of said suit the plaintiff, who was then and there the holder of said note, intentionally canceled the same.”

This plea presents a defense under the Negotiable Instruments Law (Code, § 9139):

“A negotiable instrument is discharged: * * * (3) By the intentional cancellation thereof by the holder,” subject to the exception…