Main Bank of Houston v. Davy Crockett Inn of New Braunfels, Inc.

PHILLIPS, Chief Justice.

This is a venue case. Appellee Davy Crockett Inn of New Braunfels, Inc., *390brought suit in Comal County against the First National Bank of New Braunfels and the Main Bank of Houston, contending that a $26,000 cashier’s check the Inn had purchased from the New Braunfels bank had been negligently paid by that bank without the endorsement of the payees, thereby causing the Inn to lose the funds.

The Main Bank of Houston filed a plea of privilege to be sued in Harris County, Texas. The Inn opposed the plea of privilege, relying upon subdivisions 4, 5, and 9a of…