TEXAS BANK AND TRUST CO. v. SPUR SEC. BANK

No. 07-85-0119-CV.

705 S.W.2d 349 (1986)

TEXAS BANK AND TRUST CO., Appellant, v. SPUR SECURITY BANK, Appellee.

Court of Appeals of Texas, Amarillo.

February 19, 1986.


Attorney(s) appearing for the Case

Rush S. Wells, William F. Warnick, Lubbock, for appellant.

M. Jo White, Law Offices of Jack McClendon, Lubbock, for appellee.

Before REYNOLDS, C.J., and COUNTISS and BOYD, JJ.


REYNOLDS, Chief Justice.

The trial court summarily adjudged that the proceeds of a non-negotiable certificate of deposit, which had been transferred and assigned to a bank with the written consent of, but subject to a claimed equitable setoff by, the issuing bank, belonged to the assignee bank rather than to the issuing bank. Because a genuine issue of material fact exists, we reverse and remand.

On 5 April 1983, Texas Bank and Trust Co. in Lubbock issued...

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