Farmers & Merchants State Bank of Krum v. Ferguson

GREENHILL, Chief Justice.

Earnest Ferguson brought this action against the Farmers and Merchants State Bank of Krum for the wrongful dishonor of checks. The suit was brought under both the Business and Commerce Code, section 4.402, 1 and the Deceptive Trade Practices Act, hereinafter called DTPA. 2

Our holdings are that recovery cannot be had under the DTPA as it was written when these facts arose. The plaintiff does recover, however, under the provisions of the Business and Commerce Code, section 4.402.

With regard to DTPA, our holding is that the burden of proof is on the plaintiff, Ferguson,…