First National Bank of Trinity, Texas v. McKay

COLEMAN, Chief Justice.

This is a suit to recover the amount of a post-dated check from its maker. The bank on which it was drawn refused pay ment because of a stop payment order. The plaintiff contends that it was an innocent purchaser for value. The case was tried to the jury and judgment was rendered for the defendant on the verdict.

On March 26, 1973 Frank J. McKay, the defendant, issued his check in the amount of $756.00 to H. V. Petro in connection with a building contract. While the check was dated March 29, 1973, the plaintiff, First National Bank of Trinity, Texas, accepted it for…