Bank of America, N.A. v. Amarillo National Bank

Opinion

BRIAN QUINN, Justice.

Bank of America (BOA) appeals from a final summary judgment awarding Amarillo National Bank (ANB) damages. The damages purportedly arose from BOA’s alleged breach of a warranty accompanying the presentation of a check. It is undisputed that the instrument presented to and paid by ANB was counterfeit or a forgery. Five issues are before us; however, we need only consider the first and last for they are dispositive of the appeal. And, through them, we must determine whether a counterfeit or fake check is an altered instrument for purposes of the warranties…