PRESTON STATE BANK v. FINBERG

No. 15299.

305 S.W.2d 654 (1957)

PRESTON STATE BANK, Appellant, v. F. A. FINBERG et ux., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 12, 1957.

Further Rehearing Denied September 27, 1957.


Attorney(s) appearing for the Case

C. E. Kennemer, Jr., and James P. Donovan, Dallas, for appellant.

Emil Corenbleth and Harold B. Berman, Dallas, for appellees.


DIXON, Chief Justice.

This case presents the question whether a married woman in the absence of fraud is personally liable for an overdraft in a bank account in her name, which overdraft was occasioned in part at least by a check drawn by her husband, payable to the order of the wife, endorsed by the wife, and deposited by the wife in her bank account. The husband's check was refused payment by his Bank because of insufficient funds on deposit in his account.

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