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ENNIS STATE BANK v. HUBACEK

No. 3518.

322 S.W.2d 409 (1959)

ENNIS STATE BANK, Appellant, v. F. A. HUBACEK, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 2, 1959.

Attorney(s) appearing for the Case

Geo. P. Hines, Ennis, Ralph E. Hartman, Waxahachie, for appellant.

Griffith & Lumpkins, Waxahachie, for appellee.

HALE, Justice.

Appellant, Ennis State Bank, hereafter referred to as the Bank, brought this suit against F. A. Hubacek to recover personal judgment on five promissory notes, and to foreclose chattel mortgages securing the payment of such notes. Appellee is an automobile dealer in Ennis, and will sometimes be referred to as the Dealer. Hubacek admitted liability for the entire amount sued for, but he sought by way of defense and counterclaim to defend against the suit...

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