Texas Co. v. Couvillon

McCALEB, Judge.

This rehearing was granted because of existing doubt in our mind regarding the soundness of the conclusions of law expressed in our former opinion when applied to the facts of the case.

The previous result was founded upon two grounds: (a) Want of consideration for the signing of the guaranty agreement by Thomas; and (b) assuming that consideration was present, the plaintiff had failed to investigate Couvillon’s credit, within a reasonable time, and such inaction on plaintiff’s part had the effect of releasing Thomas, the guarantor. We shall-again discuss these questions in…