- 8 - drawn by petitioner in the same approximate amount. Based thereon, the bank alleged that petitioner and Motion, Inc., "are accountable and liable for the amount of the checks in question." Colonial Bank's claim for reimbursement states as follows: 7. Plaintiff [i.e., Colonial Bank] has informed the Defendants Motion, Inc. and R.H. Bradshaw that the Defendants are accountable to Plaintiff for the amount of the checks in question and demanded that the Defendants reimburse Plaintiff for the sum of $886,026.00. Despite the demand to pay Plaintiff, the Defendants have failed and refused and still fail and refuse to pay Plaintiff. 8. Plaintiff is in possession of the checks with endorsement supplied by Plaintiff pursuant to section 4.205 Tex. Bus. Comm. Code and were delivered by R.H. Bradshaw to Plaintiff. Plain- tiff took the checks for value, in good faith, and without notice that they were overdue or had been dishonored or of any defense against the claim to them on the part of any person. By reason thereof, Plaintiff is a holder in due course. A copy of the August 14, 1989 checks and the August 15, 1989 check is attached as Exhibits "A", "B" and "C". Colonial Bank's petition included another group of allegations entitled "JUDICIAL FORECLOSURE OF SECURITY INTEREST" under which Colonial Bank sought to recover the amount of its loss from Motion, Inc., through foreclosure of the bank's security interest in all of the assets of, and payments due to Motion, Inc. Those allegations are as follows:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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