Hooper v. Mercantile Bank & Trust

OPINION

BUTTS, Justice.

This is an appeal from a summary judgment. Plaintiff, Mercantile Bank & Trust, sued defendants, Bruce Hooper and his mother, Ruth S. Hooper, on a promissory note with Bruce as the maker and Ruth the guarantor. The Bank prevailed and the defendants appeal, urging ten points of error on appeal.

Stating that the trial court erred in granting summary judgment, the defendants contend that (1) the Bank failed to establish there was no genuine issue of fact; (2) a fact question of offsets and credits was not considered; (3) the Bank violated section 3.306 of the TEX.BUS. &…