Ferguson v. McCarrell
This text of 588 S.W.2d 895 (Ferguson v. McCarrell) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this suit judgment has been rendered for the holders of a promissory note against the guarantors after severance of the maker. The decision of the court of civil appeals affirming that judgment, 582 S.W.2d 539, conflicts with the decision of the court of civil appeals in Cook v. Citizens National Bank of Beaumont, 538 S.W.2d 460 (Tex.Civ.App. — Beaumont 1976, no writ).
We conclude that Section 3.416(a), Texas Business and Commerce Code (1968), controls this case. Accordingly, we disapprove the holding of Cook v. Citizens National Bank. The application for writ of error in this case is refused, no reversible error. Rule 483, Tex.R.Civ.P.
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Cite This Page — Counsel Stack
588 S.W.2d 895, 27 U.C.C. Rep. Serv. (West) 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-mccarrell-tex-1979.