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Canfield v. Bank One

Bad faith means that the person taking the instrument must have had knowledge of such substantial facts and circumstances as to create in his or her mind a suspicion that there was something wrong with the title of the person from whom it was taken, with the instrument itself, or with the money represented by such instrument, combined with an intentional disregard of and refusal on the part of the taker of the instrument to learn the facts from the means of knowledge which he or she knows are at hand.

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Justice Ross

OPINION

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 Canfield’s 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. *fn1 The trial court granted summary judgment, and Canfield appeals.

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