Legal Opinion
Starcraft Co. v. C.J. Heck Co. of Texas, Inc.
Court of Appeals for the Fifth Circuit
Decided December 17, 1984No. 83-1712PublishedCited by 9 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
In this diversity action, we are called upon to decide whether a drawee bank who has missed the midnight deadline, and is therefore accountable to the payee for the amount of the item under Tex.Bus. & Com.Code Ann. [U.C.C.] § 4.302(1), is liable to the payee when (1) the drawee bank, as a result of an unappealed judgment, has a right of charge back against the maker; and (2) the maker had previously discharged the underlying debt. We hold as a matter of Texas law that the drawee bank, although absolutely liable under § 4.302(1), is equitably subrogated to the maker’s…
2Cases cited24 opinions
- Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
- Allied Chemical Corporation v. Jack MacKay D/B/A MacKay Farms Ltd.Court of Appeals for the Fifth Circuit · 1983
- Smart v. Tower Land & Investment Co.Texas Supreme Court · 1980
- Funding Systems Leasing Corporation v. Garland B. Pugh, Sr., Individually and D/B/A Georgia Tractor and Equipment CompanyCourt of Appeals for the Fifth Circuit · 1976
- Knutson v. Morton Foods, Inc.Texas Supreme Court · 1980
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Motion Medical Technologies, L.L.C. v. Thermotek, Inc.Court of Appeals for the Fifth Circuit · 2017
- Lillian Smith v. Travelers Casualty Ins. Co.Court of Appeals for the Fifth Circuit · 2019
- First State Bank v. Twin City BankSupreme Court of Arkansas · 1986
- Starcraft Company, a Division of Bangor Punta Operations, Inc., and Third Party v. C.J. Heck Company of Texas, Inc., Robert A. Johnson and Carol H. Johnson v. Temple National Bank, Third PartyCourt of Appeals for the Third Circuit · 1984
- Channel Equipment Co., Inc. v. Community State Bank, Texas Court of Appeals, 3rd District (Austin)1999
4 more not listed; retrieve them via the Exa API.