Shumway v. Horizon Creditcorp

OPINION ON REHEARING

COHEN, Justice.

Our prior opinion dated December 15, 1988, is withdrawn, and the following opinion is substituted. The motion for rehearing is granted.

This is an appeal from a summary judgment on a promissory note, awarding ap-pellee $37,777.77, plus interest and attorney’s fees.

Appellee alleged that appellants had defaulted on a note that was secured by an interest in a sailing vessel. As summary judgment evidence, appellant attached copies of the note and the security agreement, and an affidavit of its agent, Roger Plosa. The note provides that upon default by…