Atkins v. Horne

BARRON, Justice.

On or about February 28, 1967, Allen Field Enterprises’ check in the sum of $10,000.00 was issued and made payable to the order of Jack Zeigfinger. Said check bears date of June 1, 1967, and was signed by Wayne L. Edmundson and Francis Casey, employees Allen Field Enterprises. The post-dated check was deposited with Mercantile Bank of Houston, said bank forwarding the check on May 19, 1967, to Houston Bank & Trust Company, Field’s bank, for collection. Payment had been stopped on such check, and accordingly, Houston Bank & Trust Company refused payment.

Zeigfinger died on May…