Legal Opinion
Bandy v. FIRST STATE BANK, OVERTON, TEX.
Texas Supreme Court
Decided September 9, 1992No. D-0946PublishedCited by 100 opinions
1Opinion of the Court
OPINION ON MOTION FOR REHEARING
CORNYN, Justice.
The Petitioner’s Motion for Rehearing is granted. Our opinion and judgment of April 22, 1992, are withdrawn and the following is substituted therefor:
This case requires us to decide whether a bank which is both a creditor and a debtor of a deceased person’s estate has an equitable right to setoff the assets of the estate against the estate’s debts without following the claim procedures found in the Texas Probate Code. The trial court found that such acts constituted conversion and awarded the estate actual and consequential damages of $61,118.66,…
2Cases cited48 opinions
- Maness v. MeyersSupreme Court of the United States · 1975
- Studley v. Boylston National BankSupreme Court of the United States · 1913
- Templeton v. FergusonTexas Supreme Court · 1895
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Bottrell v. American BankMontana Supreme Court · 1989
43 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- Green International, Inc. v. SolisTexas Supreme Court · 1997
- Harwell v. State Farm Mutual Automobile Insurance Co.Texas Supreme Court · 1995
- Pervasive Software, Inc. v. Lexware GMBH & Co. KGCourt of Appeals for the Fifth Circuit · 2012
- Specialty Retailers, Inc. v. Fuqua, Texas Court of Appeals, 14th District (Houston)2000
- General Universal Systems, Inc. v. Hal, Inc.Court of Appeals for the Fifth Circuit · 2007
95 more not listed; retrieve them via the Exa API.