State National Bank v. Thomas Manufacturing Co.

STEPHENS, Associate Justice.

The main question in this case is, whether a bank receiving paper for collection is responsible for all subsequent agents employed in the collection of the paper.

If the precise question has ever been authoritatively decided in Texas, we are not aware of it. The learned counsel seem to have been unable to find any Texas case in which it was even considered. We therefore assume that the question is an open one in this State. The authorities elsewhere are quite conflicting.

In a majority of the States, including Massachusetts as leader, the liability is denied, the…