Viracola v. Dallas International Bank

HALL, Justice.

The defendant, L. A. Viracola, appeals from a summary judgment awarding the plaintiff, Dallas International Bank, recovery against him on a past due note. American Panel Corporation and Viracola are co-makers of the note and Bank is its payee. Viracola signed the note as president of the corporation and in his individual capacity. It was executed on April 7, 1970, and was due 90 days thereafter. This suit was brought against Viracola only. We reverse and remand.

To be entitled to a summary judgment in a proceeding such as this, a plaintiff must come forward with proper pleadings…