Kitten v. Vaughn

HUGHES, Justice.

Clovis L. Vaughn, appellee, sued J. B. Kitten and wife, Helen M. Kitten, appellants, on a promissory note executed by them, dated March 26, 1964, in the principal sum of $25,000.00, bearing interest at the rate of 10% per annum, and containing a 10% attorney’s fee clause. This note was given for $25,000.00 in cash borrowed by appellants from appellee.

Appellant, Mrs. Helen M. Kitten pled her coverture as a defense to recovery on the note.

Both appellants pled an offset of $15,000.00, and prayed for a credit on the note in this sum.

Other defenses were pled by appellants, but…