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INTERFIRST BANK DALLAS, N.A. v. PIONEER CONCRETE OF TEXAS, INC.

No. 05-88-00017-CV.

761 S.W.2d 857 (1988)

INTERFIRST BANK DALLAS, N.A., n/k/a First Republicbank Dallas, N.A., Appellant, v. PIONEER CONCRETE OF TEXAS, INC., Appellee.

Court of Appeals of Texas, Dallas.

December 9, 1988.

Attorney(s) appearing for the Case

Nathan Allen, Jr., Laura L. Worsham, Dallas, for appellant.

Pamela Doss, Leigh B. Meineke, Mark L. Sax, Houston, for appellee.

Before STEPHENS, STEWART and ROWE, JJ.

ROWE, Justice.

This appeal presents the narrow question of whether the good faith and commercial reasonableness defense afforded to a "representative" under section 3.419 of the Texas Business and Commerce Code (the Code)1 is available to a payor/drawee bank when sued for conversion by the payee of an instrument which bears the payee's forged endorsement. Admittedly, the question is one of first impression in Texas; and indeed, with one...

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