Burton v. National Bank of Commerce of Dallas

STEPHENS, Justice.

The National Bank of Commerce of Dallas sued appellant, M.G. Burton, for the deficiency remaining on a promissory note after the bank’s sale of the collateral security, a truck. The security was voluntarily delivered to the bank by Burton, at a time when his note was in default, after he was advised by a bank officer that a buyer was available to buy the truck. The parties differ in their interpretation of the meaning to be given their conversation which resulted in the delivery of the truck to the bank. Burton defended the suit by contending that his voluntary delivery of…