MBank Brenham, N.A. v. Barrera

In this promissory note suit brought by MBank, Leo Barrera counterclaimed that the bank had wrongfully dishonored his check due to insufficient funds. Barrera asserted that the bank had prematurely accelerated his note and had offset his account, thus creating the insufficiency. MBank was granted partial summary judgment on the issue of liability for wrongful dishonor. Following a jury trial on the remaining issues, the trial court rendered judgment for MBank.

The court of appeals, pointing to the discrepancy in dates contained in the various MBank pleadings, held that a genuine issue of…