Monfrey v. Plaza National Bank

DICKENSON, Justice.

The issue in this summary judgment case is whether a fact issue exists as to the affirmative defense of illegality.

Plaintiff, Plaza National Bank, made nine $10,000 loans which were guaranteed by John Monfrey in February and March of 1977 during his unsuccessful campaign for election as Mayor of the City of San Antonio. The Bank’s president admitted in his oral deposition that he knew the loans were to assist John Monfrey and “it was obvious that it was probably for his election campaign.” After John Monfrey died, his estate refused to pay these debts, and the Bank sued…