Ferguson v. McCarrell

Texas Supreme Court

Decided October 17, 1979

Texas Supreme Court · decided 1979-10-17

Relies on Cook v. Citizens National Bank of Beaumont · Ferguson v. McCarrell

Good law ✅— No negative treatment on recordhow we know

Decided 1979-10-17

How this case has been cited

Cited by 45 later decisions — most recently February 2010 · most notably Coker v. Coker (1983), Ex Parte Duffy (1980)

44 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1 In this suit judgment has been rendered for the holders of a promissory note against the guarantors after severance of the maker. The decision of the court of civil appeals affirming that judgment, 582 S.W.2d 539, conflicts with the decision of the court of civil appeals in Cook v. Citizens National Bank of Beaumont, 538 S.W.2d 460 (Tex.Civ.App. — Beaumont 1976, no writ).

¶2 We conclude that Section 3.416(a), Texas Business and Commerce Code (1968), controls this case. Accordingly, we disapprove the holding of Cook v. Citizens National Bank. The application for writ of error in this case is refused, no reversible error. Rule 483, Tex.R.Civ.P.