(DOWNLOAD) "Bank Crockett v. Darius Cullipher" by Supreme Court of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Bank Crockett v. Darius Cullipher
- Author : Supreme Court of Texas
- Release Date : January 21, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The Bank of Crockett County (hereafter "BANK") brought suit in the Chancery Court of Crockett County against Darius Cullipher (hereafter "Defendant") as co-maker of several promissory notes then in default and due to Bank. Defendant filed a counter-claim for damages against Bank and a third-party complaint for indemnity against a co-maker of one of the notes. Following a bench trial the chancellor dismissed Defendants counter-claim and third-party claim. He awarded judgment for Bank against Defendant for the full amount of one note and for one-third of each of three additional notes. Both Bank and Defendant have appealed. The crux of the issue presented by Bank is whether Defendant is fully liable on all four notes payable to it. Defendant has set forth some sixteen issues on appeal in his brief. In capsulated form the majority of them may be stated as follows: Did Bank violate one or more sections of the Uniform Commercial Code so as to relieve Defendant from liability on the four promissory notes? Defendant also raises as an issue the action of the chancellor dismissing his third-party complaint. However, inasmuch as he fails to address that issue in his brief and argument, we treat it as having been waived. Schoen v. J. C. Bradford & Co., 642 S.W.2d 420 (Tenn. App. 1982); T.R.A.P. 27; Rule 6, Court of Appeals Rules. We hold that Defendant is liable to Bank for the full amount of all the notes less certain credits with the exception of the "master note" sued upon. We are also of the opinion that Bank committed no acts in this transaction so as to void any of the notes in question.