Carolina E. Hidago v. Surety Savings and Loan Association - The Supreme Court of Texas No. B-3479

Carolina E. Hidago v. Surety Savings and Loan Association

By The Supreme Court of Texas No. B-3479

  • Release Date - Published: 1972-10-11
  • Book Genre: Law
  • Author: The Supreme Court of Texas No. B-3479
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Carolina E. Hidago v. Surety Savings and Loan Association The Supreme Court of Texas No. B-3479 read online review & book description:

Per Curiam This is the second appeal in a suit to recover the amount due on a promissory note and to foreclose a lien on real property. (Prior opinion at 462 S.W.2d 540.) Carolina Hidalgo executed a secured promissory note payable to Western States Improvement Company which negotiated the note and lien to Surety Savings and Loan Association. Hidalgo is in default, but she has raised the defense of failure of consideration. Surety Savings has been granted summary judgment on the ground that its status as a holder in due course was established as a matter of law, TEX.BUS. & COMMERCE CODE § 3.302; hence Hidalgo's defense of failure of consideration became an immaterial issue, TEX.BUS. & COMMERCE CODE § 3.305. The court of civil appeals has affirmed. 481 S.W.2d 208. The evidence relied on to prove that status was the affidavit of Richard T. Dempsey, a vice president of Surety Savings. That affidavit, in relevant part, is as follows:

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