Ronald H. Bradshaw and Monica I. Bradshaw - Page 8

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             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:                                                                 





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