Pure Ice & Cold Storage Co. v. Exchange Bank & Trust Co.

DIXON, Chief Justice.

Appellant Pure Ice & Cold Storage Company seeks to hold appellee Exchange Bank & Trust Company liable on a check payable to appellant drawn on appellee as drawee bank. Appellant’s claim is based on the undisputed fact that appellee, after refusing payment of the check because of insufficient funds, failed to return the dishonored check within the time prescribed in Art. 342-704 Vernon’s Ann.Civ.St., the Texas Banking Code.*

The parties have stipulated that on Friday September 21, 1962, appellant received a check drawn on appellee as drawee bank, payable to appellant in the…