Bryan v. Citizens National Bank in Abilene

ON APPELLANT’S MOTION FOR REHEARING

Bryan cites Favors v. Yaffe, 605 S.W.2d 342 (Tex.Civ.App.—Houston [14th Dist.] 1980, writ ref’d n. r. e.); Couch v. Babb, 423 S.W.2d 464 (Tex.Civ.App.—Beaumont 1968, writ ref’d n. r. e.); and Shotts v. Pardi, 483 S.W.2d 879 (Tex.Civ.App.—Corpus Christi 1972, writ dism’d), to support his argument that it will be presumed that he was a holder in due course. The cited cases, each of which was a suit on an instrument, are distinguishable. The instant case is not a suit on an instrument. The bank seeks restitution for money mistakenly paid. Texas has consistently…