Greer v. White Oak State Bank

CORNELIUS, Chief Justice.

This is an appeal from a district court judgment in favor of the White Oak State Bank against the payee and two indorsers of a check paid by the bank before it was dishonored by the drawee bank. We reverse the judgment against the two indor-sers because they were discharged from liability by the bank’s failure to give timely notice of dishonor. We reform and affirm the judgment against the payee for a reduced recovery on the basis of unjust enrichment.

Jack Greer and Donald Biesel owned a bowling alley in Marshall. George Ford and Bowling and Billiard Supply of Dallas,…