Greenway Bank & Trust of Houston v. Smith

OPINION

DOYLE, Justice.

This is an appeal from a judgment ordering that appellant take nothing on its action upon an unpaid promissory note, and ordering that appellees take nothing on their claim of usury and fraud. We reverse and render.

This appeal arises from an action on a promissory note, executed by Cyril J. Smith, in 1972, and guaranteed by the ap-pellees. Most of the testimony at trial, concerning the relevant facts leading up to this suit, was in sharp dispute. It was not disputed, however, that appellant, Green-way Bank (Greenway), loaned Smith, as trustee for North American Resources…