Vigilante v. NAT'L BK. OF AUSTIN

The plaintiffs, Frank J. Vigilante and Annette Vigilante, were indebted to the defendant, National Bank of Austin (National), on a note. The dispute between the parties centers around whether the note was extended by an agreement between the parties. National’s position is that there was no extension agreement and on the maturity date of the note exercised its right of set-off and deducted money from the plaintiffs’ savings account to pay off the note’s principal and interest. The plaintiffs contend that National had no right to do this because the note was not then due and brought this…