Acuff v. Lamesa National Bank

OPINION

DICKENSON, Justice.

Plaintiff, The Lamesa National Bank, recovered a summary judgment for the balance due on eleven promissory notes signed by defendant, Royce Acuff. Ten of the notes had been co-signed by defendant’s father, Grady Acuff, and secured by Grady Acuffs certificates of deposit and shares of stock.

Defendant argues that the Bank is not entitled to a “deficiency judgment” against him because it failed to give him the notice required by TEX. BUS. & COM. CODE ANN. §§ 9.504 and 9.505 (Vernon 1991) when the Bank accepted the collateral from his father in partial payment of the…