CHANNEL EQUIP. CO. v. COMMUNITY STATE BANK

Nos. 03-98-00255-CV, 03-98-00256-CV.

996 S.W.2d 374 (1999)

CHANNEL EQUIPMENT CO., INC., Appellant, v. COMMUNITY STATE BANK, Appellee. and CSR Sales & Rentals, Inc., f/k/a CSR-Capital Sales & Rentals, Inc., Appellant, v. Community State Bank, Appellee.

Court of Appeals of Texas, Austin.

June 30, 1999.


Attorney(s) appearing for the Case

Thomas J. Walthall, Jr., The Gardner Law Firm, P.C., San Antonio, for appellant.

W. Brewster McCracken, Bracewell & Patterson, L.L.P., Austin, for appellee.

Before Justices JONES, B.A. SMITH and YEAKEL.


J. WOODFIN JONES, Justice.

Channel Equipment Company, Inc. and CSR Sales & Rentals, Inc., f/k/a CSR-Capital Sales & Rentals, Inc. (collectively "Plaintiffs") received payment from the same third party via separate checks drawn on an account at Community State Bank ("the Bank"). The Bank returned the checks marked "not sufficient funds," but not before the statutory "midnight deadline" had passed. See Tex. Bus. & Com.Code Ann. (hereinafter "Code...

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