First National Bank of SC v. Wade

Taylor, Chief Justice.

This appeal arises out of an action in claim and delivery instituted by the plaintiff, First National Bank of South Carolina, seeking recovery of an automobile on which it held a past due note and chattel mortgage and actual and punitive damages for the wrongful detention of said automobile.

The defendant in his answer pleaded in addition to a general denial as second defense that there was a failure of consideration, as a third defense that there was a breach of an express warranty, and as a fourth defense that plaintiff was not a holder in due course of the note and…