Ashcraft v. Lookadoo

I would hold that the issue of whether the assignment of a note operates, as a matter of law, as an assignment of a separate written general guaranty need not be resolved in this case because the trial court properly found that the assignee of the Note failed to prove an essential element of his claim: that he is the owner and holder of the guaranty.1

The existence and ownership of a guaranty may be shown by: the guarantor’s admission that he executed the guaranty (see, e.g., Travelers Ins. Co. v. Bosler, 906 S.W.2d 635, 645 (Tex.App.—Fort Worth 1995, writ denied)); an affidavit attached to…