Womack MacHine Supply Co. of Houston v. Fannin Bank

Womack Machine Supply Company of Houston brought this suit against Fannin Bank to recover sums paid on stolen checks. The trial court rendered judgment non obstante veredicto for Fannin Bank, and the Court of Civil Appeals reversed and rendered. 499 S.W.2d 917. Both parties have filed applications for writs of error.

Fannin Bank’s application for writ of error urges that the Court of Civil Appeals erred in holding that the statute of limitations was tolled by the filing of a suit in which the plaintiff Wom-ack was misnamed. We agree with the Court of Civil Appeals’ disposition of this question.