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EXCHANGE BANK & TRUST CO. v. KIDWELL CONSTR. CO.

No. 507.

463 S.W.2d 465 (1971)

EXCHANGE BANK & TRUST COMPANY, Appellant, v. KIDWELL CONSTRUCTION COMPANY, Inc., Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied February 25, 1971.

Attorney(s) appearing for the Case

Akin, Vial, Hamilton, Koch & Tubb, James A. Knox, Charles J. McGuire, Dallas, for appellant.

Rain, Harrell, Emery, Young & Doke, Stan McMurry, Dallas, for appellee.

MOORE, Justice.

Plaintiff Kidwell Construction Co., Inc., (hereinafter referred to as "Kidwell"), sued Exchange Bank & Trust Co., (hereinafter referred to as "the bank"), and Virginia Beavers Denman to recover funds deposited with the bank and paid out upon forged checks, alleged to have been forged by Virginia Beavers Denman, the corporate secretary of Kidwell.

The bank specially pleaded that the failure on the part of Kidwell to have other employees...

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