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COSTELLO v. SAMPLE

No. 5036.

470 S.W.2d 446 (1971)

James COSTELLO, Appellant, v. J. Herman SAMPLE, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 16, 1971.

Attorney(s) appearing for the Case

Law Offices of Christopher M. Weil, Ronald A. Dubner, Dallas, for appellant.

Neal C. De Shazo and Earl Luna, Dallas, for appellee.

OPINION

HALL, Justice.

Costello, the appellant, brought this action against the appellee, Sample, to recover on a note in the principal amount of $100,000, which was executed by Sample and payable to Costello. J. C. Adams intervened as an alleged assignee of a $15,000 interest in the note. Sample defended on the grounds that there was no consideration for the note, and that he was fraudulently induced to execute it. Trial was to the court without a jury...

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