Williams v. Cullen Center Bank & Trust

KILGARLIN, Justice.

Absent a written indemnity agreement or proof of benefit, can a nondrawing cosigner be liable for an overdraft in a joint checking account? The trial court said yes, and granted Cullen Center Bank & Trust a summary judgment against Mary C. Williams in the amount of $4,242.29 with an additional $1,600 allowed as attorney’s fees. The court of appeals affirmed that judgment. 671 S.W.2d 711. We reverse the judgments of the courts below and remand this cause to the trial court.

Mary C. Williams maintained a checking account with T.M. Williams at Cullen Center. Although they were…