Hamby Co. v. Seminole State Bank

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This case involves a bank’s responsibility for the late return of a documentary draft. The First National Bank of Plainview, as agent for The Hamby Company, presented two drafts to the Seminole State Bank, the Appellee, who returned them unpaid two days after maturity. Appellant brought suit against Appellee for the face amount of the items under Section 4.302 of the Texas Business and Commerce Code. The trial court denied Appellant’s motion for summary judgment and granted summary judgment for Appellee. We reverse and remand for trial on the merits.

The…