Bates v. First National Bank of Waco

OPINION

JAMES, Justice.

This is a case wherein the trial court granted a summary judgment in favor of Plaintiff-Appellee Bank against Appellants and other Defendants. We reverse and remand.

Plaintiff-Appellee, The First National Bank of Waco, Texas, (hereinafter called “Bank”) brought this suit to recover on a $48,000.00 note executed by a Corporation, Texas Metallic Mines, Inc. The Bank sued not only Texas Metallic Mines as maker of the note, but also sued Defendant-Appellants John Bates, Marion F. Pearce, and seven other parties as guarantors of the note in question. Each guarantor except…