Hamby Co. v. Seminole State Bank

KILGARLIN, Justice.

This is a suit involving a bank’s responsibility for the late return of two documentary drafts. The Hamby Company (“Ham-by”) and First National Bank of Plainview (“First National”) brought suit against Seminole State Bank (“Seminole”) for the face amount of the drafts pursuant to section 4.302(2) of the Texas Business and Commerce Code. The trial court denied the motion for summary judgment of Hamby and First National and granted summary judgment for Seminole. The court of appeals reversed and remanded the cause for trial on the merits. 649 S.W.2d 81. We affirm the judgment…