Whiteside v. Douglas County Bank

Birdsong, Judge.

This is a suit on a promissory note. Appellant signed as guaranty on a note from W. C. Galloway to Douglas County Bank. Default occurred and suit was filed against W. C. Galloway and Cecil Whiteside (guaranty was signed as Cecil Whiteside; however, appellant Cecil Whiteside, Jr. admitted he signed the guaranty of payment).

Appellant as a defense alleged that appellee failed to obtain the signature of Bertie Galloway, and failed to obtain titles to automobiles which were to be security for appellant’s guaranty. Both parties filed motions for summary judgment. The trial court…