CORPUS CHRISTI BANK AND TRUST v. SMITH

No. B-4883.

525 S.W.2d 501 (1975)

CORPUS CHRISTI BANK AND TRUST, Petitioner, v. Chester SMITH et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 23, 1975.


Attorney(s) appearing for the Case

Wood, Boykin & Wolter, Mark W. Owen, Corpus Christi, for petitioner.

Wood, Burney, Nesbitt & Ryan, Shelby A. Jordan, Luther & Karchmer, Max J. Luther, III, Milton W. Walton, Meredith & Donnell, Finley Edmonds, Sorrell, Anderson & Sorrell, William R. Anderson, Jr., Harold Alberts, James F. McKibben, Jr., Asst. City Atty., Corpus Christi, for respondents.


POPE, Justice.

Corpus Christi Bank and Trust contends that its security interest in certain funds retained by the City of Corpus Christi under a construction contract should prevail over the claims of certain materialmen and subcontractors who failed to perfect their rights against a payment bond given under Article 5160. The trial court, sitting without a jury, rendered judgment for the materialmen and subcontractors giving them judgment against the original contractor...

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