Patel v. Kuciemba
Texas Court of Appeals
82 S.W.3d 589 (2002)
- Written by Whitney Kamerzel , JD
Facts
Anthony and Dorothy Kuciemba (plaintiffs) were married. Ilaben (defendant) and Manu Patel were married. The Kuciembas loaned money to Manu to operate Manu’s convenience store. The loans were secured by four promissory notes signed by Manu. Manu used checks from a joint account he held with Ilaben to secure the notes. Those checks had both of the Patels’ names printed on them, but Ilaben did not sign any of the notes and did not know about any of the debts. Ilaben simply worked at the convenience store. The Kuciembas let Manu consolidate the interest payments on the notes into a monthly lump-sum payment. After Manu was killed, Ilaben continued making the interest payments for several months using Manu’s business accounts. Finally, Ilaben denied the debts and asked for proof of their validity. Ilaben was also issued life-insurance proceeds for her husband’s death as her separate property. The Kuciembas sued Ilaben on the notes and tried to recover Ilaben’s separate property. The trial court found that Ilaben was liable for Manu’s debts because Manu acted as Ilaben’s agent in signing the notes under apparent authority, and that Ilaben ratified Manu’s debts after Manu’s death. Ilaben appealed.
Rule of Law
Issue
Holding and Reasoning (Amidei, J.)
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