First Federal Savings & Loan Ass'n of San Antonio v. Northside State Bank

KLINGEMAN, Justice.

Suit by First Federal Savings and Loan Association of San Antonio, plaintiff below and appellant herein, against Northside State Bank, defendant below and appellee herein, for restitution for money paid under a mistake of fact, and alternatively for damages for appellee’s negligence in failing to verify the signature of Mrs. Hilda Rolapp. Trial was to a jury who found that the failure of appellee to ascertain the genuineness of the signature of Mrs. Ro-lapp before paying out money on said signature was negligence, and that such negligence was the proximate cause of the loss…