(Download) "Gulf Coast State Bank v. J. C. Emenhiser" by Supreme Court of Texas " Book PDF Kindle ePub Free
eBook details
- Title: Gulf Coast State Bank v. J. C. Emenhiser
- Author : Supreme Court of Texas
- Release Date : January 22, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This action was brought by Gulf Coast State Bank to recover funds advanced on a sight draft which proved to be uncollectible. There are two controlling questions to be decided. The first is whether as a matter of law the plaintiff as a collecting bank, upon dishonor of the sight draft, was entitled to recover from defendants funds advanced on the draft. The second issue is whether certain special instructions in the courts charge were erroneous, and whether any error therein was preserved. The trial court, based upon the jury verdict, rendered a take nothing judgment against the plaintiff bank. The court of civil appeals affirmed. 544 S.W.2d 722. We agree that the bank has not established its right to recover the funds advanced on the dishonored draft as a matter of law. However, we reverse the judgment of the court of civil appeals and remand for new trial be cause of harmful error in the special instructions to the jury.