Gene A. Shumway and Sandra Shumway, Petitioners v. Horizon Credit Corporation, Respondent

Summary

The Texas Supreme Court held that the Shumways waived presentment and notice of acceleration under their promissory note, but did not waive notice of the holder's intent to accelerate; therefore the summary judgment was reversed and the case remanded. Justice Mauzy concurred, arguing that such waivers are void as against public policy.