Canfield v. Bank One - Texas Court of Appeals

Canfield v. Bank One

By Texas Court of Appeals

  • Release Date: 2001-07-05
  • Genre: Law
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Henry A. Canfield, Canfield Enterprises, Inc., and Canfield Enterprises Employee Pension Trust (Canfield) brought suit against Bank One, Texas, N.A. (Bank One) to recover for 213 wrongfully paid items, including forged checks and cashed-out certificates of deposit, that were charged against Canfields account. Canfield alleged breach of contract, negligence, and violations of the Texas Deceptive Trade Practices Act (DTPA). Bank One moved for summary judgment based on the failure to perform an enforceable condition precedent contained in Tex. Bus. & Com. Code Ann. 4.406 (Vernon 1994), amended by Act of May 28, 1995, 74th Leg., R.S., ch. 921, 4, 1995 Tex. Gen. Laws 4582, 4639. The trial court granted summary judgment, and Canfield appeals.

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