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REPUBLIC NATIONAL BANK OF DALLAS v. WHITTEN

No. 16358.

383 S.W.2d 207 (1964)

REPUBLIC NATIONAL BANK OF DALLAS, Appellant, v. Bernard WHITTEN, Trustee, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied September 25, 1964.

Attorney(s) appearing for the Case

Leachman, Gardere, Akin, Porter & DeHay, Dallas, for appellant.

Wynne, Jaffe & Tinsley and Carl W. Wilson, Dallas, for appellee.

DIXON, Chief Justice.

Appellee Bernard Whitten, Trustee in Bankruptcy of TexMex Corporation, hereinafter called TexMex, sued Republic National Bank of Dallas, hereinafter called the Bank, alleging that the Bank had diverted corporate funds of TexMex to its own use prior to the latter's bankruptcy by requiring TexMex to pay a $65,000 personal note of Robert Yarber, President of TexMex, out of the proceeds of a $257,000 loan made by the Bank to TexMex.

Both...

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