ALEXANDER v. BANK OF AMERICAN NAT'L TRUST & SAVINGS ASS'N

No. 4439.

401 S.W.2d 688 (1966)

Dr. Charles S. ALEXANDER, Appellant, v. BANK OF AMERICAN NATIONAL TRUST AND SAVINGS ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 7, 1966.


Attorney(s) appearing for the Case

J. L. Rothchild, Herman W. Mead, Houston, for appellant.

Liddell, Austin, Dawson & Sapp, W. Robert Brown, Houston, for appellee.


WILSON, Justice.

Defendant appeals from a summary judgment in plaintiff's action, as assignee, on a promissory note. Defendant, maker of the note, pleaded failure of consideration and that plaintiff was not a holder in due course. He now says the pleadings raise a fact issue precluding summary judgment under Rule 166-A, Texas Rules of Civil Procedure.

The judgment recites the court considered, among other matters, the deposition of defendant. The deposition...

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