BERRY v. ABILENE SAVINGS ASSOCIATION

No. 4701.

513 S.W.2d 872 (1974)

Bruce BERRY, Appellant, v. ABILENE SAVINGS ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 20, 1974.


Attorney(s) appearing for the Case

Gayle E. Oler, Dallas, for appellant.

R. L. McSpedden, Collie, McSpedden & Roberts, Dallas, for appellee.


McCLOUD, Chief Justice.

The question presented is whether in a suit by a holder, not in due course, against the maker of a promissory note, the parol evidence rule prohibits the admission of extrinsic evidence showing that the maker was induced to sign the note by false and fraudulent representations of the original payee.

Plaintiff, Abilene Savings Association, sued defendant, Bruce Berry, on a promissory note dated March 6, 1967, in the original principal...

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