Fulton v. South Oak Cliff State Bank

CLAUDE WILLIAMS, Justice.

This suit was brought by South Oak Cliff State Bank against Raymond C. Fulton to recover the unpaid balance of a promissory note executed by Fulton to the Bank and also to foreclose a lien upon certain personal property to secure the payment of said note. The note sued upon was a renewal of a previous note executed by Fulton to the Bank in payment and discharge of his obligation as a guarantor of certain lease rentals owed by one J. D. Edge.

Fulton answered by contending, inter alia, that the Bank’s action in dismissing, with prejudice, a pending suit against Edge in…