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AMERICAN AIRLINES, INC. v. SWEST, INC.

No. C-4439.

707 S.W.2d 545 (1986)

AMERICAN AIRLINES, INC., Petitioner, v. SWEST, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied June 23, 1986.

Attorney(s) appearing for the Case

Kevin H. Good, David A. Schwarte, Dallas, for petitioner.

Thomas W. McKenzie, Ray G. Besing, Ray G. Bessing & Associates, Arch M. Skelton, Bliss & Hughes, Dallas, for respondent.

ROBERTSON, Justice.

This is a case involving the standard of care imposed upon a carrier when collecting payment for a C.O.D. shipment. American Airlines delivered two separate shipments for Swest, Inc., to Swest's consignee, Scott Barter. Barter tendered forged certified checks to American in exchange for the goods. Swest then sued American for breach of the C.O.D. contract and negligence in failing to verify the certified checks before delivering the goods.

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