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FROST NAT. BANK v. NICHOLAS AND BARRERA

No. 909.

534 S.W.2d 927 (1976)

The FROST NATIONAL BANK, a corporation, Appellant, v. NICHOLAS AND BARRERA, a Professional Corporation, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied April 1, 1976.

Attorney(s) appearing for the Case

John R. Locke, Jr., Groce, Locke & Hebdon, San Antonio, for appellant.

Fred Clark, San Antonio, for appellee.

McKAY, Justice.

This suit was brought by appellee, Nicholas and Barrera, a Professional Corporation, to recover a sum of money embezzled by a public accountant employed by appellee through use of a checking account at The Frost National Bank of San Antonio, appellant.

Appellee sought recovery both on a contractual theory and on a negligence theory: (1) that appellant breached the depository contract between it and appellee by failing to pay the amounts of...

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