Groos National Bank v. Shaw's of San Antonio, Inc.

BARROW, Chief Justice.

Appellant has appealed from a judgment rendered after a non-jury trial whereby ap-pellee recovered the sum of $716.65 being the amount which was on deposit in the account of Maria Elena Garcia at the time a cheek for $1,328.20 given appellee by Ms. *493Garcia was presented to appellant for payment.

The facts are largely undisputed. On Friday, October 17, 1975, at about 3:30 p. m., Ms. Garcia purchased jewelry from ap-pellee and tendered her check for $1,328.20 payable to appellee which was drawn on appellant in payment therefor. Before delivering the merchandise, an employee…