· 5/16/2014
McAllen Hospitals, L.P. D/B/A McAllen Medical Center v. State Farm County Mutual Insurance Company of Texas
Citations
- 433 S.W.3d 535
- 57 Tex. Sup. Ct. J. 579
- 83 U.C.C. Rep. Serv. 2d (West) 683
- 2014 WL 1998245
- 2014 Tex. LEXIS 394
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding delivery to one joint payee is delivery to all
- reversing and remanding because an issue presented on appeal had not been previously raised as a ground for summary judgment
- drawee bank may not charge its customer’s account on an instrument that is not properly authorized
- “We do not address this holding’s applica- bility to copayees in an agency relationship, as that scenario is not presented.”
- “While the Hospital could have attempted to pursue the payor bank for relief directly, its failure to do so does not affect State Farm’s obligations under the ÜCC.”
- delivery of a check made jointly payable one nonalternative copayee without the endorsement of the other does not constitute “payment,’’.and “it does not discharge the drawer of either his liability on the instrument or his underlying obligation.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lehrmann
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.