Legal Opinion
Texas Bank & Trust Co. v. Spur Security Bank
Texas Court of Appeals, 7th District (Amarillo)
Decided February 19, 1986No. 07-85-0119-CVPublishedCited by 5 opinions
1Opinion of the Court
REYNOLDS, Chief Justice.
The trial court summarily adjudged that the proceeds of a non-negotiable certificate of deposit, which had been transferred and assigned to a bank with the written consent of, but subject to a claimed equitable setoff by, the issuing bank, belonged to the as-signee bank rather than to the issuing bank. Because a genuine issue of material fact exists, we reverse and remand.
On 5 April 1983, Texas Bank and Trust Co. in Lubbock issued to depositors Jo Helen Boothe or Melvin Boothe its 26 week “money market” certificate of deposit no. 2157 imprinted “NOT NEGOTIABLE— NOT…
2Cases cited21 opinions
- City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
- Gulbenkian v. PennTexas Supreme Court · 1952
- Gaines v. HammanTexas Supreme Court · 1962
- Ames v. Great Southern BankTexas Supreme Court · 1984
- Life Insurance Co. of Virginia v. Gar-Dal, Inc.Texas Supreme Court · 1978
16 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hodge v. Northern Trust Bank of Texas, N.A., Texas Court of Appeals, 11th District (Eastland)2001
- New Braunfels National Bank v. OdiorneCourt of Appeals of Texas · 1989
- Bank of Winter Park v. RTCDistrict Court of Appeal of Florida · 1994
- Daniel W. Hawkins and Hawkins Ward Enterprises, LCC D/B/A General Rental Center v. Bobby Horton, Texas Court of Appeals, 4th District (San Antonio)2023
- Ruth M. Hemphill v. John B. Smith and Gaylord Magnuson, Texas Court of Appeals, 3rd District (Austin)1993