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D & S KINGSWAY v. TEXAS CAPITAL BANK

No. B14-93-00032-CV.

882 S.W.2d 573 (1994)

D & S KINGSWAY VENTURES, a Texas General Partnership, and B.D. Shipwash, Appellants, v. TEXAS CAPITAL BANK—RICHMOND, N.A., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 25, 1994.

Attorney(s) appearing for the Case

Ralph A. Keen, David F. Webb, Diane Guariglia, Houston, for appellants.

Beverly D. Mason, Robert A. Plessala, Houston, for appellee.

Before SEARS, LEE and JUNELL (sitting by appointment), JJ.

OPINION

SEARS, Justice.

Texas Capital Bank, ("Bank") filed suit on November 24, 1986, against Appellants to recover on a defaulted note. Appellants answered and cross-claimed for usury. The trial court held that the Bank failed to prove the amount of its deficiency, and that Appellants failed to prove their usury counterclaim. The Court ruled that both parties take nothing. Appellants bring one point of error, claiming that the trial court erred in not finding...

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