City Bank of Houston v. First National Bank
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This suit was brought by the First National Bank of Houston against the appellant, to recover the sum of $1,980 alleged to have been paid through mistake to the latter on an altered check originally drawn for $20 and altered to $2,000. The plaintiff and appellee, a banking association, alleged that on the 19th day of February, A. D. 1872, the Texas Banking and Insurance Company of Galveston issued the following…
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Appeal from Harris. Tried below before the Hon. James Masterson. This suit was brought by the First National Bank of Houston against the appellant, to recover the sum of $1,980 alleged to have been paid through mistake to the latter on an altered check originally drawn for $20 and altered to $2,000. The plaintiff and appellee, a banking association, alleged that on the 19th day of February, A. D. 1872, the Texas Banking and Insurance Company of Galveston issued the following check, drawn on the plaintiff, viz: “ $20. The Texas Banking and Insurance Company. Galveston, Feb. 19, 1872. Pay to…
1Opinion of the Court
Gould, Associate Justice.
This suit was brought by the First National Bank of Houston, to recover of the City Bank of Houston the sum of $1,980, alleged to have been paid by mistake. A brief history of the transaction will be necessary.
On February 19, 1872, the Texas Banking and Insurance Company of Galveston issued to a stranger, claiming the name of D. J. Wallace, the following check:
*212“ $20. The Texas Banking and Insurance Company,
Galveston, Feb. 19, 1872.
' Pay to the order of D. J. Wallace, in current funds, twenty dollars. . Alphonse Lauve, Cashier.
No. 364.
To First National Bank, Houston.”
Af…
2Cases cited3 opinions
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- Espy v. Bank of CincinnatiSupreme Court of the United States · 1874
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- Benson v. Travelers Insurance CompanyCourt of Appeals of Texas · 1971
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- Red Ball Motor Freight, Inc. v. BaileyCourt of Appeals of Texas · 1959
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