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BANK OF EL PASO v. POWELL

No. 6570.

550 S.W.2d 383 (1977)

The BANK OF EL PASO, Appellant, v. Ralph POWELL and Phil Statler, Appellees.

Court of Civil Appeals of Texas, El Paso.

April 13, 1977.

Attorney(s) appearing for the Case

Edwards, Belk, Hunter & Kerr, John W. Welsh, Jr., El Paso, for appellant.

Bruce J. Ponder, Charles E. Vinson, El Paso, for appellees.

OPINION

OSBORN, Justice.

This appeal involves a hold harmless agreement signed by a Bank customer in an effort to stop payment on a Bank money order, and a setoff of income earned by the Bank while holding the funds used to purchase the Bank money order. We affirm the trial Court's judgment allowing such setoff.

On December 15, 1970, Ralph Powell purchased a Bank money order from The Bank of El Paso, which was payable to the order of Eduardo R. Castro...

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