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McDOUGALD v. FIRST NAT. BANK OF BEAUMONT

No. 4745.

239 S.W.2d 145 (1951)

McDOUGALD v. FIRST NAT. BANK OF BEAUMONT.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied May 9, 1951.

Attorney(s) appearing for the Case

Lefler, Walker & Lefler, W. G. Walley, all of Beaumont, for appellant.

Strong, Moore, Strong & Nelson, Beaumont, for appellee.

R. L. MURRAY, Justice.

This is an appeal from a judgment in the district court of Jefferson County, sustaining a plea in abatement and dismissing a suit brought by the appellant, J. R. McDougald, trustee, against the appellee, The First National Bank of Beaumont. The plea in abatement of the bank was verified and specifically says "that plaintiff is not entitled to recover in the capacity in which he sues." No evidence was introduced by either party on the hearing...

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