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PECOS COUNTY STATE BANK v. EL PASO LIVESTOCK AUCTION CO., INC.

No. 6832.

586 S.W.2d 183 (1979)

PECOS COUNTY STATE BANK, Appellant, v. EL PASO LIVESTOCK AUCTION CO., INC., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 5, 1979.

Attorney(s) appearing for the Case

Stubbeman, McRae, Sealy, Laughlin & Browder, Rodney W. Satterwhite, Al W. Schorre, Jr., Midland, for appellant.

Peticolas, Luscombe, Stephens & Windle, E. K. Peticolas, El Paso, Vial, Hamilton, Koch, Tubb, Knox & Stradley, James A. Knox, Dallas, Shafer, Gilliland, Davis, Bunton & McCollum, Inc., Lucius D. Bunton, Odessa, for appellee.

OPINION

WARD, Justice.

The Plaintiff as payee on a sight draft recovered summary judgment against Pecos County State Bank on the grounds that the Bank was payor and held the demand item beyond its midnight deadline. Sec. 4.302, Tex.Bus. & Comm.Code Ann. Judgment was in the face amount of the draft together with prejudgment interest at the rate of 9%. The Bank appeals on points claiming it was only a collecting bank; that an excusable delay was not disproven...

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