Legal Opinion
Pecos County State Bank v. El Paso Livestock Auction Co., Inc.
Court of Appeals of Texas
Decided August 8, 1979No. 6832PublishedCited by 18 opinions
1Opinion of the Court
OPINION
WARD, Justice.
The Plaintiff as payee on a sight draft recovered summary judgment against Pecos County State Bank on the grounds that the Bank was payor and held the demand item beyond its midnight deadline. Sec. 4.302, Tex.Bus. & Comm.Code Ann. Judgment was in the face amount of the draft together with prejudgment interest at the rate of 9%. The Bank appeals on points claiming it was only a collecting bank; that an excusable delay was not disproven; and that it was liable only for 6% interest. We affirm except as to the amount of prejudgment interest.
The summary judgment proof…
2Cases cited8 opinions
- Republic National Bank of Dallas v. Northwest National Bank of Fort WorthTexas Supreme Court · 1979
- Watkins v. JunkerTexas Supreme Court · 1897
- Farmers Cooperative Livestock Market, Inc. v. Second National Bank of LondonCourt of Appeals of Kentucky (pre-1976) · 1968
- Engine Parts v. Citizens Bank of ClovisNew Mexico Supreme Court · 1978
- New Ulm State Bank v. BrownCourt of Appeals of Texas · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Martin v. First Rep. Bank, Fort WorthCourt of Appeals of Texas · 1990
- Miner-Dederick Construction Corp. v. Mid-County Rental Service, Inc.Texas Supreme Court · 1980
- Pulaski Bank & Trust Co. v. Texas American Bank/Fort Worth, N.A., Texas Court of Appeals, 5th District (Dallas)1988
- The Union Bank of Benton, Arkansas v. The First National Bank in Mount Pleasant, TexasCourt of Appeals for the First Circuit · 1982
- Dallas-Fort Worth Regional Airport Board v. Combustion Equipment Associates, Inc.Court of Appeals for the Fifth Circuit · 1980
13 more not listed; retrieve them via the Exa API.