Dillard v. NCNB Texas National Bank

POWERS, Justice.

The plaintiff, NCNB Texas National Bank, recovered summary judgment against the defendants, Dillard Graphics, Inc., Robert W. Dillard, and Donald P. Dillard, on their guarantees. The defendants appeal. We will reverse the judgment and remand the cause to the trial court.

THE CONTROVERSY

On March 10, 1987, Service Typesetting and Printing, Inc. executed a promissory note in the amount of $124,000, payable to the order of RepublicBank Austin. On the same day, each defendant executed a written guarantee in favor of RepublicBank Austin, obliging them to pay the debt if the maker…