First State Bank of Roby v. Hilbun

On Rehearing.

In its motion for rehearing plaintiff in error cites the cases of Warren v. Harrold, 92 Tex. 417, 49 S. W. 364, and State National Bank v. Hester (Tex. Civ.. App.) 1 S.W.(2d) *523915, as authorities for the contention that it properly predicated its action upon the note itself rather than upon an action of damages for deceit or upon appellee’s express or implied warranty of authority.

There is language in the two cases cited which would seem to justify the contention, although it seems to us that the facts of the cases did not present for determination this exact question. Had.…