Bassett V. American National Bank

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 that summary judgment was proper as to appellants' counterclaims, we affirm that part of the summary judgment.