Clinton Weilbacher Builder, Inc. v. Kirby State Bank

OPINION

CADENA, Chief Justice.

This is an appeal from a summary judgment. Plaintiff, appellant, brought a negligence action against Kirby State Bank (Kirby) to recover $22,738.00 which he alleges was wrongfully paid by the bank from his account on forged indorsements. The evidence shows that at various times in a fourteen month period appellant’s employee, Norma Wilson, forged the payees’ signature on 32 different checks drawn by appellant and made payable to various creditors. The evidence also shows that Kirby, in the course of regular banking transactions with the Broadway National Bank…