AUBIN v. HUNSUCKER

No. 11915.

481 S.W.2d 952 (1972)

George J. AUBIN, Appellant, v. Louis S. HUNSUCKER, Jr., Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 5, 1972.


Attorney(s) appearing for the Case

Palmer & Steed, James M. Steed, Austin, for appellant.

Stayton, Maloney, Black, Hearne & Babb, Douglass D. Hearne, Austin, for appellee.


O'QUINN, Justice.

Louis S. Hunsucker brought this lawsuit against George J. Aubin in September of 1969 to recover on two promissory notes, one of which Aubin executed in 1967 for $16,300 and the other in 1969 for $13,965.

After trial without a jury, the trial court entered judgment denying Hunsucker recovery on the $16,300 note for failure of consideration because given in payment of a gambling debt and allowing recovery of $5,465 on the $13,965 note, plus...

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