Cantrell v. Cafourek

WARDEN, Special Judge.

In this jury-waived court-tried action on a promissory note, judgment was entered in favor of plaintiffs-respondents Noval Cantrell and Nevada Cantrell against Marn Cafourek, defendant-appellant, the plaintiffs-respondents having dismissed as to defendant Nedra Cafourek prior to trial. Judgment was in the principal sum of $21,476.51, plus interest and attorney fees against the defendant-appellant Marn Ca-fourek, who now appeals.

The pleaded affirmative defense on which appellant relied was that the debt evidenced by the note in suit had been listed properly in schedules…