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WILLIAMS v. CULLEN CENTER BANK & TRUST

No. C-3273.

685 S.W.2d 311 (1985)

Mary C. WILLIAMS, Petitioner, v. CULLEN CENTER BANK & TRUST, Respondent.

Supreme Court of Texas.

February 20, 1985.

Attorney(s) appearing for the Case

Baker & Botts, Mary C. Williams, Houston, for petitioner.

Margraves, Schueler & Parker, Craig E. Power, Houston, for respondent.

KILGARLIN, Justice.

Absent a written indemnity agreement or proof of benefit, can a nondrawing cosigner be liable for an overdraft in a joint checking account? The trial court said yes, and granted Cullen Center Bank & Trust a summary judgment against Mary C. Williams in the amount of $4,242.29 with an additional $1,600 allowed as attorney's fees. The court of appeals affirmed that judgment. 671 S.W.2d 711. We reverse the judgments...

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