Hubacek v. Ennis State Bank

delivered the opinion of the Court.. This is a suit by the Ennis State Bank against F. A. Hubacek for the principal, interest, and attorney’s fees on five promissory notes and for a foreclosure of chattel mortgages securing same. Three of the notes were executed by Hubacek and the other two were endorsed by him. All notes provide for interest at the rate of ten per cent per annum.

Hubacek admitted his liability to the bank for the entire amount claimed as -principal, interest and attorney’s fees on the notes, but by way of counter claim he sought to offset the sum of $912.43 alleged to be due…