Bassett v. American National Bank

OPINION

TERRIE LIVINGSTON, Justice.

In this case we must decide whether the trial court erred in . granting summary judgment in favor of appellee American National Bank (ANB) as plaintiff in its suit to collect amounts due on a promissory note, and as defendant on appellants’ counterclaims for fraud and usury. Because we hold that a fact issue exists on appellants’ affirmative defenses of failure of consideration and conditional delivery, we reverse the summary judgment as to ANB’s claims regarding enforcement of the note and remand that part of the case to the trial court. But because we hold…