Tumlinson v. First Victoria National Bank

OPINION

SEERDEN, Justice.

By a single point of error, appellants Ruby Lee Tumlinson and her son, Maxie, claim that the trial court erred in granting summary judgment to First Victoria National Bank. We affirm in part and reverse and remand in part.

Appellants filed suit against First Victoria National Bank for wrongfully paying forty-five forged checks totaling over $32,000. Between September 1989 and September 1990, some forty-five checks were presented to the Bank, drawn on appellants’ joint account. The Bank paid the checks and charged appellants’ account. Most of the checks were between $500…