CONSOL. CIGAR CO. v. TEX. COMMERCE BANK

No. 83-2426.

749 F.2d 1169 (1985)

CONSOLIDATED CIGAR COMPANY, Etc., Plaintiff-Appellee, Cross-Appellant, v. TEXAS COMMERCE BANK (Formerly Pan American Bank), Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1985.


Attorney(s) appearing for the Case

John C. Nabors, Robert D. Remy, Joseph W. Higgs, Jr., John K. Schwartz, Houston, Tex., for defendant-appellant, cross-appellee.

Ewers, Toothaker, Ewers, Abbott, Talbot, Hamilton & Jarvis, Neil Norquest, McAllen, Tex., for plaintiff-appellee, cross-appellant.

Before WISDOM, RANDALL, and JOLLY, Circuit Judges.


WISDOM, Circuit Judge:

I. FACTS AND PROCEEDINGS BELOW

The plaintiff-appellee, Consolidated Cigar Company ("Consolidated"), received three checks from Eli Witt Company totalling more than $780,000. Consolidated deposited these checks in its own demand deposit account, and its bank forwarded the checks for collection to Eli Witt's bank, the Texas Commerce Bank at Brownsville ("Commerce Bank"). Commerce Bank received the first of these checks on June 26, 1979...

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