T.O. STANLEY BOOT CO. v. BANK OF EL PASO

No. D-1272.

847 S.W.2d 218 (1992)

T.O. STANLEY BOOT CO., INC., T.O. Stanley, James S. Ruby, Lawrence Harmel, Henry C. Tyler a/k/a H. Tim Tyler, and E. Guy Merrell, Petitioners, v. The BANK OF EL PASO f/k/a Cielo Vista Bank, Respondent.

Supreme Court of Texas.

Rehearing Overruled March 24, 1993.


Attorney(s) appearing for the Case

Corey W. Haugland, Steven L. Hughes, Thomas W. Brady, El Paso, Bob Roberts, Austin, Warren M. Pulner, El Paso, for petitioners.

William R. Allensworth, Fort Worth, William B. Hardie, Jr., Ken Slavin, El Paso, Thomas E. Kurth, W. Alan Wright, Dallas, for respondent.


OPINION

COOK, Justice.

This case began as a lawsuit by the Bank of El Paso f/k/a Cielo Vista Bank ("the Bank") on past due debts. The Bank sued T.O. Stanley Boot Co., as borrower, and T.O. Stanley, James Ruby, Lawrence Harmel, E. Guy Merrell, and Henry C. Tyler a/k/a H. Tim Tyler ("the Stanley Group") as guarantors on the notes. All defendants except Tyler counterclaimed. Tyler did not answer.

The jury returned a verdict in favor of all the defendants...

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