Legal Opinion · Dissent

United States Nat. Bank of Galveston v. Azar

Court of Appeals of Texas

Decided January 14, 1937No. 10305Published

1DissentPleasants, Chief Justice

When the majority of the court reached their conclusion as to the proper disposition of this appeal, I entered my dissent, and as directed by the statute now make and file this statement of the grounds upon which the dissent is based.

The material facts are fully set out in the opinion of the majority.

It seems clear to me that under the plain unambiguous contract -made by the parties at the time appellant gave appellee credit for the draft it undertook to collect for him, it cannot be held liable for the failure of its correspondent bank, Union Trust Company.

This contract is fully set out in…

2Cases cited6 opinions

  1. Heid Bros., Inc. v. Commercial Nat. Bank of HutchinsonTexas Commission of Appeals · 1922
  2. Tillman County Bank v. BehringerTexas Supreme Court · 1923
  3. Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
  4. O'Hara v. Texas Nat. Bank of Fort WorthCourt of Appeals of Texas · 1927
  5. Falls City Woolen Mills v. Louisville National Banking Co.Court of Appeals of Kentucky · 1911

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