Heusinger Hardware Co. v. Frost National Bank of San Antonio

COLLINGS, Justice.

Heusinger Hardware Company brought this suit against the Frost National Bank of San Antonio. Plaintiff alleged that its bookkeeper took a number of checks which were payable to plaintiff to Frost National Bank and without the knowledge, consent or authority of plaintiff cashed such checks and that the proceeds of said checks were never received by plaintiff; that as a result of these transactions the defendant bank became liable for the face amount of such checks, with interest. Plaintiff made request for admissions which were answered and moved for summary judgment, ■which…