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MASON v. BABIN

No. 5085.

474 S.W.2d 809 (1971)

Frank D. MASON, Appellant, v. Lionel J. BABIN, Jr., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 6, 1972.

Attorney(s) appearing for the Case

Jackson C. Burroughs, Dallas, for appellant.

Dalton, Moore, Forde, Joiner & Stollenwerck, Sam S. Stollenwerck, Dallas, for appellee.

OPINION

JAMES, Justice.

This is a suit in which Appellant Mason as plaintiff sued Appellee Babin as defendant seeking to recover judgment upon a promissory note. Babin had executed this note in the original principal amount of $5500.00 to the Exchange Bank and Trust Company of Dallas, Texas, and had received the money on same. Mason had guaranteed payment of this note. Babin did not pay the note when it became due, but had a savings account in this Bank...

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