Legal Opinion

Fidelity & Casualty Co. v. First City Bank of Dallas

Texas Court of Appeals, 5th District (Dallas)

Decided July 23, 1984No. 05-83-00286-CVPublishedCited by 11 opinions

1Opinion of the Court

SPARLING, Justice.

This is an appeal from a take-nothing summary judgment in a suit in which Fidelity & Casualty Company of New York, as subrogee of First National Bank of Dallas, sought reimbursement from appellee, First City Bank of Dallas, of $903,300.00 paid on eighteen forged checks. Fidelity claims that the summary judgment evidence did not establish that First City was entitled to judgment as a matter of law. We hold that TEX.BUS. & COM.CODE §§ 3.405(a)(3) and 3.418 (Vernon 1968), as applied to the summary judgment evidence, allocate the loss to Fidelity as a matter of law and,…

2Cases cited17 opinions

  1. Bryan v. Citizens National Bank in AbileneTexas Supreme Court · 1982
  2. Bankers Commercial Life Insurance Co. v. ScottCourt of Appeals of Texas · 1982
  3. Aetna Life & Casualty Co. v. Hampton State BankCourt of Appeals of Texas · 1973
  4. First National Bank of Mineola v. Farmers & Merchants State Bank of AthensCourt of Appeals of Texas · 1967
  5. Continental Bank v. Wa-Ho Truck BrokerageCourt of Appeals of Arizona · 1979

12 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. British Caledonian Airways Limited v. First State Bank of Bedford, TexasCourt of Appeals for the First Circuit · 1987
  2. Texas Stadium Corp. v. Savings of America, Texas Court of Appeals, 5th District (Dallas)1996
  3. Longview Bank & Trust Co. v. First National Bank of AzleCourt of Appeals of Texas · 1988
  4. Peerless Insurance Company, and North American Systems, Inc. v. Texas Commerce Bank--New Braunfels, N.A.Court of Appeals for the Fifth Circuit · 1986
  5. City of Phoenix v. Great Western Bank & TrustCourt of Appeals of Arizona · 1985

6 more not listed; retrieve them via the Exa API.

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