First State Bank of Monahans v. Henderson

FRASER, Chief Justice.

This is an appeal from a summary judgment rendered by the trial court in favor of the plaintiff-appellee and against the defendant Bank. Plaintiff’s position is that the Bank wrongfully honored and paid a check in the sum of $4,200.00 made payable to one Worsham. He maintains that the Bank was at fault in honoring the check because it was not countersigned by plaintiff. Said check is not included in the record.

The transcript and the record as a whole reveal that the plaintiff, in addition to his petition, filed two affidavits in support of his motion for summary…