Ender v. First National Bank of Marshall

CHADICK, Chief Justice.

The First National Bank of Marshall, Texas, instituted a lawsuit in a District Court of Harrison County for the purpose of collecting a $6,913.14 promissory note executed by M. W. Ender and dated July 2, 1970. The bank’s prayer was for judgment against Ender for the amount of the note, interest, attorney fees, costs, and such other relief it might be entitled to have. Judgment in harmony with the prayer was entered in the trial court.

At trial time, Ender’s answer plead release, accord and satisfaction, and expanded thereon by alleging the bank accepted without recourse…