AETNA CASUALTY & SURETY COMPANY v. WATSON

No. 15871.

476 S.W.2d 868 (1972)

The AETNA CASUALTY & SURETY COMPANY, Appellant, v. Darvin R. WATSON et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

February 17, 1972.


Attorney(s) appearing for the Case

S. Mitchell Glassman, Houston (Diamond & Totz, Houston, of counsel), for appellant.

Dougal C. Pope, Houston, for appellees.


COLEMAN, Justice.

This is a suit on a promissory note. Appellee plead as its defense a failure of consideration. The jury failed to find that appellant was a holder in due course in response to the only issue submitted. Appellant has duly perfected its appeal from the take nothing judgment entered by the trial court.

Appellant proved its ownership of an interest in the note by a valid assignment from the payee of the note; that the note was due and unpaid...

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