law-forged-checks
Forgery
Under section 32.21, a person commits an offense if he forges a writing with intent to defraud or harm another.
Tex. Penal Code Ann. § 32.21(b) (Vernon Supp. 2008). "Forge" means to alter, make, complete, execute, or
authenticate any writing so that it purports: (1) to be the act of another who did not authorize that act; (2) to have
been executed at a time or place or in a numbered sequence other than was in fact the case; or (3) to be a copy
of an original when no such original existed. Id. § 32.21(a)(1)(A). The intent to defraud or harm may be
established by circumstantial evidence. Williams v. State, 688 S.W.2d 486, 488 (Tex. Crim. App. 1985).
Marin v. IESI TX Corporation (Tex.App.- Houston [1st Dist.] Feb. 11, 2010)(Opinion on rehearing by Alcala)
(forgery, misapplication of fiduciary property, fraud, and conversion of checks, exemplary damages)
We conclude that the trial court did not err in the admission of the evidence, that the evidence is legally and factually sufficient, and
that the trial court properly awarded exemplary damages. We affirm.
AFFIRM TC JUDGMENT: Opinion by Justice Elsa Alcala
Before Justices Keyes, Alcala and Hanks
01-08-00539-CV Janell S. Marin v. IESI TX Corporation
Appeal from 412th Judicial District Court of Brazoria County
Trial Court Judge: Hon. W. Edwin Denman
Bank of Texas, NA v. V R Electric (Tex.App.- Houston [1st Dist.] Sep, 4, 2008)(Alcala)
(suit over payment of forged check, breach of contract claim sustained, amount of attorney's fees, proportionate
responsibility allocation of liability)
(liability for payment of forged check, breach of contract, damages, contributory negligence of bank customer,
apportionment of damages, reasonableness of amount of attorney's fees, Business and Commercial Code)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala
Before Justices Nuchia, Alcala and Hanks
01-07-00308-CV Bank of Texas, NA v. V R Electric
Appeal from County Court at Law No 1 of Fort Bend County
Trial Court Judge: The Honorable David Hunter
Okonkwo v. Washington Mutual Bank (Tex.App.- Houston [14th Dist.] Mar. 15, 2007)(Justice Seymore)
(unauthorized bank account transactions, forgery claim)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Brock Yates and Seymore
14-05-00925-CV Bartholomew C. Okonkwo v. Washington Mutual Bank, FA, Et Al
Appeal from 127th District Court of Harris County
Trial Court Judge: SHAROLYN P. WOOD
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