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ATKINS v. HORNE

No. 530.

470 S.W.2d 229 (1971)

Jerry ATKINS, Administrator of the Estate of Jack Zeigfinger, Deceased, Appellant, v. Howard W. HORNE, Administrator with Will annexed of the Estate of Allen Field, Deceased, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied September 1, 1971.

Attorney(s) appearing for the Case

Jerry K. Atkins, Keeney, Atkins, Simon & Moore, Morris Bogdanow, Lawrence T. Newman, Houston, for appellant.

Michael R. Waller, Larry W. Bass, Childs, Fortenback, Beck & Guyton, Houston, for appellee.

BARRON, Justice.

On or about February 28, 1967, Allen Field Enterprises' check in the sum of $10,000.00 was issued and made payable to the order of Jack Zeigfinger. Said check bears date of June 1, 1967, and was signed by Wayne L. Edmundson and Francis Casey, employees Allen Field Enterprises. The post-dated check was deposited with Mercantile Bank of Houston, said bank forwarding the check on May 19, 1967, to Houston Bank & Trust Company, Field's bank, for collection...

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