Bank of America, N.A. v. Amarillo National Bank

Bank of America (BOA) appeals from a final summary judgment awarding Amarillo National Bank (ANB) damages. The damages purportedly arose from BOAs alleged breach of a warranty accompanying the presentation of a check. It is undisputed that the instrument presented to and paid by ANB was counterfeit or a forgery. Five issues are before us; however, we need only consider the first and last for they are dispositive of the appeal. And, through them, we must determine whether a counterfeit or fake check is an altered instrument for purposes of the warranties encompassed in 4.208 of the Texas Business and Commerce Code. We conclude that it is not, reverse the summary judgment, and remand the cause for further proceedings.