Howard Gault and Son, Inc. v. First National Bank of Hereford

ROBINSON, Justice.

Defendant Pitman Grain Company is the maker of a check payable to “Thomas & Gault” drawn on its account in the Defendant First National Bank of Hereford, Texas. The defendant bank accepted the check and deposited it to the account of T. B. Thomas, Jr. upon its presentment with the endorsement

“Thomas & Gault

T. B. Thomas, Jr.”

Plaintiff, Howard Gault and Son, Inc., sued the bank for conversion of the check and, in the alternative, sued Pitman on the debt for which the check was given. A cause of action alleged by plaintiff corporation against Thomas was severed by the trial…