Darden v. Harrison

This dissent is respectfully submitted on the issue of D. M. Darden, Jr.’s accommodation status. An accommodation party must be a surety. Darden was never a surety and there was no intent that he ever becomes such. Darden is therefore not entitled to claim the defense of accommodation maker and the judgments of the *929courts below should accordingly be affirmed.

Section 3.415(a) of the Texas Business & Commerce Code, Vernon’s Annotated Civil Statutes, recites, “[a]n accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it.”…