MARTIN v. FIRST STATE BANK, MEMPHIS

No. 8307.

490 S.W.2d 208 (1973)

L. C. MARTIN, Appellant, v. FIRST STATE BANK, MEMPHIS, Texas, Appellee.

Court of Civil Appeals of Texas, Amarillo.

January 22, 1973.


Attorney(s) appearing for the Case

Richard D. Bird, Childress, for appellant.

T. D. Smith, Houston, for appellee.


ELLIS, Chief Justice.

This is an appeal from a judgment granting a summary judgment in favor of a bank, defendant-appellee herein, in an action brought by a plaintiff seeking recovery of sums allegedly due upon Certificates of Deposit purchased by him and deposited with the bank. The defendant's motion for summary judgment sustained by the court was based upon the bank's asserted right to offset the entire amount of such Certificates of Deposit against outstanding...

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