[Download] "Mbank Brenham v. Leo Barrera" by Supreme Court of Texas No. C-5903 ~ Book PDF Kindle ePub Free
eBook details
- Title: Mbank Brenham v. Leo Barrera
- Author : Supreme Court of Texas No. C-5903
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
In this promissory note suit brought by MBank, Leo Barrera counterclaimed that the bank had wrongfully dishonored his check due to insufficient funds. Barrera asserted that the bank had prematurely accelerated his note and had offset his account, thus creating the insufficiency. MBank was granted partial summary judgment on the issue of liability for wrongful dishonor. Following a jury trial on the remaining issues, the trial court rendered judgment for MBank. The court of appeals, pointing to the discrepancy in dates contained in the various MBank pleadings, held that a genuine issue of material fact existed as to whether Barrera's account was properly offset before his check was properly payable. The court of appeals reversed the trial court judgment. S.W.2d . The court of appeals reasoned that MBank's abandoned trial pleadings constituted an ordinary admission and were properly before the trial court even though Barrera neither presented nor filed such pleadings as summary judgment proof. A majority of this court disagrees and therefore we reverse the judgment of the court of appeals.
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