Thompson v. Godden

On Motion for Rehearing.

We think we erred in approving the trial court’s view that because the security or collateral not being judiciously handled to its best advantage, the “mismanagement was unintentional and chargeable to no party herein.”

We shall treat the question as a finding ,of mismanagement; and it does not matter whether the collateral was mismanaged by the payee or holder of the note, whether intentional or otherwise, it would release the sureties. Hatch v. Bank (Tex. Civ. App.) 270 S. W. 1093; Indemnity Ins. Co. v. Bassett (Tex. Civ. App.) 299 S. W. 714.

The motion for a rehearing…