Aubin v. Hunsucker
Court of Appeals of Texas
1Opinion of the Court
O’QUINN, Justice.
Louis S. Hunsucker brought this lawsuit against George J. Aubin in September of 1969 to recover on two promissory notes, one of which Aubin executed in 1967 for $16,300 and the other in 1969 for $13,965.
After trial without a jury, the trial court entered judgment denying Hunsucker recovery on the $16,300 note for failure of consideration because given in payment of a gambling debt and allowing recovery of $5,465 on the $13,965 note, plus attorney’s fees for $637.74.
Aubin as appellant complains that the trial court refused him leave to file a trial amendment pleading payment…
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