Belzung v. Capital Bank

ROBERTSON, Justice.

Capital Bank, appellee, filed this action to recover the balance alleged to be owing on a promissory note dated November 2, 1977, that was executed by Robert J. Belzung, appellant, and made payable to Capital. Belzung counterclaimed that that note and two preceding notes violated various provisions of the Texas Consumer Credit Act. Tex.Rev.Civ.Stat.Ann. art. 5069 (Vernon 1971 & Supp.1979). In a nonjury trial, the court entered judgment on the note for Capital, but also allowed Belzung an offset because Capital charged usurious interest on the November 2, 1977, note. On…