Fenouille v. Hamilton
Fenouille v. Hamilton
Opinion of the Court
That one who takes a negotiable paper, as collateral security for the payment of a pre-existing debt, is not a purchaser for value in the course of trade, is a settled doctrine in this State; and although there is a great conflict of authorities upon the point, we are not convinced that we ought to depart from our former decisions. — Boyd v. Beck, 29 Ala. 703; McKenzie v. Bank, 28 Ala. 606 ; Andrews v. McCoy, 8 Ala. 920; Bank v. Hall, 6 Ala. 639; Cullum v. Bank, 4 Ala. 21.
In this case, there was no other consideration for the
Upon the facts before us, the court below ought to have rendered judgment for the plaintiff.
Judgment reversed, and cause remanded.
Reference
- Full Case Name
- FENOUILLE v. HAMILTON
- Cited By
- 11 cases
- Status
- Published