FIRST STATE BANK OF CHICO v. SMITH

No. 17360.

488 S.W.2d 837 (1972)

FIRST STATE BANK OF CHICO, Appellant, v. Gene SMITH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

December 22, 1972.


Attorney(s) appearing for the Case

Morgan & Nobles, Decatur, Ernest May, Fort Worth (on appeal only), for appellant.

Herrick & Bell, and John W. Herrick, Fort Worth, for appellee.


OPINION

LANGDON, Justice.

The appellant Bank sued the appellee Smith upon a promissory note and to foreclose a security interest upon 17 cows. The trial was upon amended pleadings. In effect, the defenses alleged were non est factum and want of consideration. After the appellant had rested its case appellee moved for an instructed verdict on the ground, among others, that appellant had failed to meet its burden of proving that it was the present holder of...

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