FIRST COMMERCE BANK v. PALMER

No. 05-0686.

226 S.W.3d 396 (2007)

FIRST COMMERCE BANK, f/k/a Brazosport Bank of Texas, Petitioner, v. Christine PALMER, Individually, and Christine Palmer and Frederick A. Palmer III, Independent Co-Executors of the Estate of Frederick A. Palmer, Jr., Respondents.

Supreme Court of Texas.

Decided June 1, 2007.


Attorney(s) appearing for the Case

R. Hayden Burns, Liskow & Lewis, P.C., Houston TX, for Petitioner.

Katrina Dannhaus Packard, Katrina Dannhaus Packard, P.C., Schulenburg, TX, for Respondent.

Karen Sue Neeley, Cox Smith Matthews Incorporated, and John Mark Heasley, Austin TX, for Amicus Curiae.


Justice MEDINA delivered the opinion of the Court.

The issue in this case is whether there was a lack or failure of consideration for two guaranty agreements. The two guaranty agreements were among others required by the creditor and given by shareholders of the corporate debtor. The trial court refused to enforce the guaranties, finding problems with the underlying consideration, and the court of appeals affirmed.

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