Implement Credit Corp. v. Elsinger

The issue presented on this appeal is whether the plaintiff finance company is a holder in due course of the note executed by the defendant Elsinger so as to be free from any defense that Elsinger might have against the payee Bier-man-Turnacliff, Inc. Counsel for the defendant advances the following reasons as to why he contends plaintiff is not such a holder in due course:(1) That proof of ownership of the note in plaintiff is not established;(2) That the note was transferred by the payee by means of an assignment which purported to transfer only the “title and interest” of the payee, and,…