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GREEN v. SMART

No. 15583.

333 S.W.2d 880 (1960)

J. W. (Bill) GREEN, Adm'r of the Estate of Mollie E. SMART, Deceased, Appellant, v. A. C. SMART, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 1, 1960.

Attorney(s) appearing for the Case

Abernathy & Orr, McKinney, for appellant.

Allen Clark, Greenville, for appellee.

YOUNG, Justice.

Summary judgment proceedings, pursuant to Rule 166-A, Texas Rules of Civil Procedure. Prior thereto, plaintiff Smart had sued the administrator on three promissory notes aggregating $3,880 plus interest and attorney's fees, rejected by said administrator, who had answered by general denial. Then followed appellee's motion for summary judgment, alleging insufficiency of affirmative defenses and want of genuine

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