FARMERS STATE BANK OF HART v. RAY

No. 8849.

565 S.W.2d 103 (1978)

FARMERS STATE BANK OF HART, Texas, Appellant, v. Nora RAY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 8, 1978.


Attorney(s) appearing for the Case

Gibson, Ochsner, Adkins (A. B. Hankins and Ira L. Edwards, Jr.), Amarillo, for appellant.

Moran & Miller (Russel A. Moran), Dimmitt, for appellee.


ROBINSON, Chief Justice.

Plaintiff-appellee Nora Ray sued Farmers State Bank to recover $1850 which she claims was wrongfully paid out of her checking account upon an altered check bearing her signature. Trial was held without a jury; the court entered judgment for Mrs. Ray based in part on a finding that her failure to properly execute the check did not amount to negligence substantially contributing to the material alteration of the instrument. Reversed and rendered...

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