Legal Opinion

Benchmark Bank v. State Farm Lloyds

Texas Court of Appeals, 5th District (Dallas)

Decided December 29, 1994No. 05-93-01970-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

MORRIS, Justice.

This is a summary judgment case involving only a question of law because the summary judgment evidence establishes undisputed facts. The legal issue we consider is whether payment of drafts made out jointly to two payees, one of whom allegedly forged the other payee’s endorsement and presented the drafts for payment, discharges the drawer’s obligation to the payee who had its signature forged. We conclude under the circumstances of this case that the drawer’s obligation is discharged as a matter of law. Therefore, we affirm the trial court’s judgment.

FACTUAL BACKGROUND

Be…

2Cases cited9 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Gibbs v. General Motors CorporationTexas Supreme Court · 1970
  3. New York Underwriters Insurance Co. v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 5th District (Dallas)1993
  4. International Union United Automobile Aerospace & Agricultural Implement Workers Local 119 v. Johnson Controls, Inc., Texas Court of Appeals, 5th District (Dallas)1991
  5. Odeneal v. Van HornTexas Supreme Court · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Miller-Rogaska, Inc. v. Bank One, Texas, N.A., Texas Court of Appeals, 5th District (Dallas)1996
  2. City of Garland v. Dallas Morning News, Texas Court of Appeals, 5th District (Dallas)1998
  3. McAllen Hospitals, L.P. D/B/A McAllen Medical Center v. State Farm County Mutual Insurance Company of TexasTexas Supreme Court · 2014
  4. Sharp v. Morton Buildings, Inc., Texas Court of Appeals, 3rd District (Austin)1997
  5. City of Dallas v. Dallas Morning News, LP, Texas Court of Appeals, 5th District (Dallas)2009

12 more not listed; retrieve them via the Exa API.

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