Allen v. Hamilton National Bank

OPINION

WILSON, Justice.

The question is whether the trial court correctly overruled appellant’s plea of privilege.

Appellee bank sought a declaratory judgment that it was “the true and lawful owner and entitled to all proceeds” of a check, and that it be authorized to collect the proceeds through the registry by endorsement. Appellant Allen, it was alleged in the petition, was indebted to the bank, and had assigned to it “the entire consideration” under a contract Allen had to repair a tank for a city. A dispute arose, it was alleged, over the quality of the work done for the city by Allen, and…