Southwest Nat. Bank of Dallas v. Underwood

H. F. Underwood and W. L. Wood, partnership, sued Southwest National Bank of Dallas, Tex., to recover funds deposited with the bank and paid out on forged checks.

The bank specially pleaded that the checks were forged by one Andre, plaintiffs’ bookkeeper, and were paid under circumstances which estopped plaintiffs.

The case was tried to a jury and submitted on special issues. The material findings of the jury on which the court rendered judgment in favor of plaintiffs are substantially that the bank charged to the account of plaintiffs certain checks, not authorized by them, amounting in the…