LEINERT v. SABINE NAT. BANK

No. 7855.

541 S.W.2d 872 (1976)

William LEINERT, Independent Executor of the Estate of Jessie M. Hagedorn, Deceased, Appellant, v. SABINE NATIONAL BANK, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied October 7, 1976.


Attorney(s) appearing for the Case

H. J. Bernard, Houston, for appellant.

James M. Black, Port Arthur, for appellee.


KEITH, Justice.

The summary judgment below denied plaintiff any recovery in his suit against the defendant bank for the loss of the proceeds of a check. While we review an incomplete factual record consisting solely of answers to requests for admission of facts and interrogatories, there is little, if any, dispute between the parties.

However, we encounter a procedural problem at the threshold which requires attention before we reach the merits of the appeal...

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