McCOOK v. FIRST STATE BANK OF ABILENE

No. 3764.

367 S.W.2d 66 (1963)

W. E. McCOOK, Appellant, v. FIRST STATE BANK OF ABILENE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 3, 1963.


Attorney(s) appearing for the Case

McMahon, Smart, Sprain, Wilson & Camp, J. M. Lee, Abilene, for appellant.

Smith & Erwin, Frank Smith, Abilene, for appellee.


WALTER, Justice.

W. E. McCook filed suit against First State Bank of Abilene on a $2,000.00 check he had given to Stim-O-Stam, Inc. McCook alleged that Stim-O-Stam's endorsement on the check was forged and the bank cashed it and he was entitled to recover under Section 23 of Article 5932 of V.A.T.C.S. The court withdrew the case from the jury and rendered judgment that the plaintiff take nothing.

McCook has appealed contending the court erred in overruling...

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