Exchange Bank & Trust Co. v. Kidwell Construction Co.

The application for writ of error in this case is refused with the notation “no re versible error”. The court of civil appeals at 463 S.W.2d 465, construed two sections of the Uniform Commercial Code; Sec. 4.-406, Tex.Bus. & Com.Code, and Sec. 3.406, Tex.Bus. & Com.Code. As to the former, the court of civil appeals held that the trial court’s finding that the bank failed to exercise ordinary care in paying certain forged checks was supported by some evidence. The court therefore held that the depositor was not precluded from asserting a claim based upon the forgeries under Sec. 4.406(b). Our…