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De la Fuente v. Home Savings Association

669 S.W.2d 137 (1984)

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De la Fuente v. Home Savings Association

Texas Court of Civil Appeals
669 S.W.2d 137 (1984)

SC

Facts

Pedro and Paula de la Fuente (defendants) issued a promissory note to Aluminum Industries, Inc., in association with work done on the De la Fuentes’ home. The note was assigned to Home Savings Association (Home Savings) (plaintiff). Home Savings filed suit to recover on the note. The De la Fuentes defended on the grounds that parts of the transaction violated the Texas Consumer Credit Code. The trial court ruled in favor of Home Savings, finding that as an assignee of the note and a holder in due course, it was protected from the De la Fuentes’ defenses. Home Savings appealed.

Rule of Law

Issue

Holding and Reasoning (Kennedy, J.)

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