Oak Forest Bank of Houston v. Harlingen State Bank

OPINION

GONZALES, Justice.

This is an appeal from an order overruling a plea of privilege of Oak Forest Bank of Houston (Houston Bank) to be sued in Harris County. Harlingen State Bank (Harlingen Bank) filed suit in Cameron County to recover the proceeds of a certificate of deposit a defaulting third party had pledged as collateral for a loan. The trial court held venue was proper in Cameron County under Tex.Rev.Civ.Ann. art. 1995 subd. 10 (Vernon 1964). We disagree.

Issue

We agree with appellant that the primary issue is: May a plaintiff sue a bank outside the county of the bank’s residence to…