Legal Opinion

Gutierrez v. MBank the Woodlands, N.A.

Texas Court of Appeals, 9th District (Beaumont)

Decided December 1, 1988No. 09-88-079-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

BURGESS, Justice.

This is a summary judgment case involving a guaranty agreement. We reverse.

In December 1983, Luden A. Gutierrez, M.D. and Earl Prather as trustees, executed a real estate lien note to the Woodlands National Bank in the sum of $91,500. Both Gutierrez and Prather then executed a personal guaranty. The purpose of the note and the guaranty was to provide the City of Shenendoah, Texas with an irrevocable letter of credit. This was all part of a larger transaction wherein the City would expand utilities to a tract of land owned by Gutierrez and Prather.

In May 1987, MBank the…

2Cases cited4 opinions

  1. Nguyen Ngoc Giao v. Smith & Lamm, P.C., Texas Court of Appeals, 1st District (Houston)1986
  2. Newsom v. StarkeyCourt of Appeals of Texas · 1976
  3. Horner v. HamnerCourt of Appeals for the Fourth Circuit · 1918
  4. Okon v. MBank, N.A., Texas Court of Appeals, 5th District (Dallas)1986

3Cited by1 opinion

  1. Gutierrez v. MBank the Woodlands, N.A., Texas Court of Appeals, 9th District (Beaumont)1988

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