MBANK BRENHAM v. BARRERA

No. C-5903.

721 S.W.2d 840 (1986)

MBANK BRENHAM, N.A., Petitioner, v. Leo BARRERA, Jr., Respondent.

Supreme Court of Texas.

Rehearing Denied January 28, 1987.


Attorney(s) appearing for the Case

Wm. H. Betts, Betts & Kruse, Brenham, for petitioner.

John V. Elick, Elick & Elick, Bellville, for respondent.


PER CURIAM.

In this promissory note suit brought by MBank, Leo Barrera counterclaimed that the bank had wrongfully dishonored his check due to insufficient funds. Barrera asserted that the bank had prematurely accelerated his note and had offset his account, thus creating the insufficiency. MBank was granted partial summary judgment on the issue of liability for wrongful dishonor. Following a jury trial on the remaining issues, the trial court rendered judgment for...

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