Legal Opinion · Dissent

Holland v. First National Bank in Dallas

Court of Appeals of Texas

Decided February 12, 1980No. 19647Published

1DissentAkin, Justice

I cannot agree that the language of the guaranty includes a renewal note and that on maturity of the renewal note, a new cause of action arose on the same indebtedness under the guaranty. Instead, I would hold that the renewal of the note was not included within the ambit of the language defining guaranteed indebtedness. Assuming, however, that the guaranty is capable of two reasonable constructions, following familiar construction rules favoring the guarantor, I would adhere to the same holding. Consequently, the bank’s action on the indebtedness is barred by limitations. Although Holland’s…

2Cases cited12 opinions

  1. Universal Metals & MacHinery, Inc. v. BohartTexas Supreme Court · 1976
  2. McKnight v. Virginia Mirror CompanyTexas Supreme Court · 1971
  3. Schwab v. Schlumberger Well Surveying Corp.Texas Supreme Court · 1946
  4. San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
  5. Southwest Savings Association v. DunaganCourt of Appeals of Texas · 1965

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