FIRST-WICHITA NATIONAL BANK v. STEED

No. 16478.

374 S.W.2d 932 (1964)

The FIRST-WICHITA NATIONAL BANK, Appellant, v. Bruce M. STEED et al., d/b/a Steed Motor Company, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

January 24, 1964.


Attorney(s) appearing for the Case

Stayton M. Bonner, Wichita Falls, for appellant.

Anderson & Connell, and Jack Connell, Wichita Falls, for appellees.


MASSEY, Chief Justice.

Unlike the law in certain other states, a bank in Texas, which through its own negligence or mistake delivers to the payee named on a check the amount for which it was drawn, at a time when the bank should not have paid the check (because the drawer had executed a "stop-payment" order, did not have an account, etc.), is entitled to maintain and recover upon an action for restitution of and...

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