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WHITTEN v. REPUBLIC NATIONAL BANK OF DALLAS

No. A-10475.

397 S.W.2d 415 (1965)

Bernard WHITTEN, Trustee, Petitioner, v. REPUBLIC NATIONAL BANK OF DALLAS, Respondent.

Supreme Court of Texas.

Rehearing Denied January 19, 1966.

Attorney(s) appearing for the Case

Wynne, Jaffe & Tinsley, Carl W. Wilson, Dallas, for petitioner.

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

CALVERT, Chief Justice.

Petitioner Whitten, Trustee in Bankruptcy of Tex-Mex Corporation, seeks to recover the sum of $65,270.83 from respondent, Republic National Bank of Dallas. Right of recovery is predicated on allegations that Bank required Tex-Mex, prior to its bankruptcy, to pay a personal note of its president out of the proceeds of a $257,500.00 loan made by Bank to Tex-Mex. The underlying theory of Whitten's suit...

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