Goodwin v. Abilene State Bank

PANNILL, O. JT.

(dissenting). Believing that a reversal of this case violates fundamental principles, both of procedure and substantive law, I am compelled to enter my dissent. The suit was by the Abilene State Bank on a ñote executed by appellant to it. Appellant answered that the note was a renewal of another note executed by him, and that the execution of the original note was procured'' by the fraud of the “plaintiff bank.” The substance of the allegations charging fraud have been set out in the majority opinion. Nowhere in the answer was there any suggestion that there was any connection…