Gibraltar Savings Ass'n v. King

BARRON, Justice.

This is a suit on a promissory note.

Appellant Gibraltar Savings Association brought suit in the District Court of Harris County to recover the unpaid balance of a promissory note obligating appellees Floyd A. King and wife. The case was heard without a jury, and upon request the trial court made findings of fact and conclusions of law. The court found as a matter of fact that Gibraltar failed to exercise due diligence in serving appellees with citation and concluded that the cause of action was barred by the statute of limitations as provided in Tex.Rev.Civ.Stat. Ann. Art.…