Carolina E. Hidalgo, a Feme Sole, Petitioner v. Surety Savings and Loan Association, a Corporation, Respondent

Summary

The Texas Supreme Court reversed the appellate court’s grant of summary judgment to Surety Savings, holding that the affidavit’s conclusory statements were not competent evidence to establish holder‑in‑due‑course status as a matter of law. Accordingly, the defense of failure of consideration was not immaterial and the case was remanded for further proceedings.