law-promissory-note | breach of promissory note cause of action | breach of contract
ELEMENTS OF CAUSE OF ACTION FOR BREACH OF PROMISSORY NOTE
To recover for a debt on a promissory note, a party must establish that it is the legal holder of the
note, the debtor’s execution of the note, and that an outstanding balance is due and owing. Austin v.
Countrywide Homes, 261 S.W.3d 68, 72 (Tex. App.—Houston [1st Dist.] 2008, pet. denied). It is not
enough for Plaintiff to establish Defendant's liability on the note. The Plaintiff must show that a
certain balance is due and owing on the note. Clark v. Dedina, 658 S.W.2d 293, 295 (Tex. App.—
Houston [1st Dist.] 1983, writ dism’d)(emphasis added).
To deny the execution of a written instrument on which a pleading is founded, a defendant must file a verified
answer. See Tex.R. Civ. P. 93(7); Wheeler v. Security State Bank, N.A., 159 S.W.3d 754, 756-57 (Tex.App.-
Texarkana 2005, no pet.) (promissory notes came into evidence as fully proved where defendant denied
authenticity of signatures on them but did not file verified answer). T
PROMISSORY NOTE CASE LAW
09-0663 MICHAEL G. BYBOTH v. WOOD LIMITED PARTNERSHIP; AMS STAFF LEASING, INC.; AND
CHARLES D. WOOD, JR.; from Collin County;
5th district (05-08-00915-CV, ___ SW3d ___, 05-21-09)(breach of promissory note, personal guaranty)
08-0281 ALBERT O. AUSTIN v. COUNTRYWIDE HOME LOANS, INC., REX L. KESSLER, THOMAS E.
REDDER AND KEITH MORRIS; from Harris County; 1st district (01-06-00547-CV, ___ SW3d ___, 02-07-08,
pet. denied July 2008) (suit on promissory note)
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