CLINTON WEILBACHER BUILDER v. KIRBY STATE BANK

No. 16695.

643 S.W.2d 473 (1982)

CLINTON WEILBACHER BUILDER, INC., Appellant, v. KIRBY STATE BANK and Broadway National Bank, Appellees.

Court of Appeals of Texas, San Antonio.

November 10, 1982.


Attorney(s) appearing for the Case

John Michael Doyle, Doyle & Mogford, San Antonio, for appellant.

Bruce L. Goldstein, San Antonio, Don Krause, Bayne, Snell & Krause, Gershon Cohen, San Antonio, for appellees.

Before CADENA, C.J., and BUTTS and CLARK, JJ.


OPINION

CADENA, Chief Justice.

This is an appeal from a summary judgment. Plaintiff, appellant, brought a negligence action against Kirby State Bank (Kirby) to recover $22,738.00 which he alleges was wrongfully paid by the bank from his account on forged indorsements. The evidence shows that at various times in a fourteen month period appellant's employee, Norma Wilson, forged the payees' signature on 32 different checks drawn by appellant and made payable...

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