Dallas County State Bank v. Thiess

This suit originated when the Dallas County State Bank sought to collect on a delinquent promissory note. Thiess had previously guaranteed the note and had also signed a pledge agreement on certain certificates of deposit as collateral for the note. Before the Bank filed suit, it utilized this pledge agreement to offset some of Thiess’ indebtedness.

The trial, court granted the Bank’s motion for summary judgment and rendered judgment against Thiess. In its motion and the accompanying affidavits, the Bank asked for the face amount of the notes minus the amount it had offset by virtue of Thiess’…