Dorfman v. Smith

EVANS, Justice.

This is an appeal from a summary judgment awarding Mr. Lloyd H. Smith a recovery against Mr. Louis Dorfman on a written indebtedness and denying Dorf-man’s claim of penalties for usury asserted by way of counterclaim.

The summary judgment proof shows the material facts to be undisputed. Smith and Dorfman were partners in a venture called “London, Ltd.”, operated by Dorfman as general partner, with Smith being a limited partner. Both Dorfman and Smith were personally obligated to the First City National Bank of Houston on a $250,000.00 loan.

On January 17, 1973 Smith wrote a…