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AMES v. GREAT SOUTHERN BANK

No. C-2398.

672 S.W.2d 447 (1984)

Nancy AMES, Petitioner, v. GREAT SOUTHERN BANK, Respondent.

Supreme Court of Texas.

Rehearing Denied July 11, 1984.

Attorney(s) appearing for the Case

McFarland & Tondre, Van E. McFarland, Houston, for petitioner.

Green, Downey, Patterson & Schultz, Carl T. Schultz, Houston, for respondent.

KILGARLIN, Justice.

This is a suit to recover the proceeds of a certificate of deposit, or, as it is sometimes called, a "CD." It presents the novel question whether, under the Uniform Commercial Code, a bank is liable for failure to secure the endorsement of the payee of a CD before cashing in the certificate. The trial court, based on answers to special issues, rendered judgment that Nancy Ames take nothing from Great Southern Bank, Houston, Texas. The court of...

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