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GULF COAST STATE BANK v. EMENHISER

No. B-6518.

562 S.W.2d 449 (1978)

GULF COAST STATE BANK, Petitioner, v. J. C. EMENHISER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 29, 1978.

Attorney(s) appearing for the Case

Harry S. Long and Clint W. Lewis, Beaumont, McCall & McCall, Hamshire, for petitioner.

Weller, Wheelus & Green, George A. Weller, Beaumont, John H. Kennamer, Houston, for respondents.

DENTON, Justice.

This action was brought by Gulf Coast State Bank to recover funds advanced on a sight draft which proved to be uncollectible. There are two controlling questions to be decided. The first is whether as a matter of law the plaintiff as a collecting bank, upon dishonor of the sight draft, was entitled to recover from defendants funds advanced on the draft. The second issue is whether certain special instructions in the court's charge were erroneous,...

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