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KAPHAN v. FIDELITY & DEPOSIT CO. OF MARYLAND

No. 17094.

564 S.W.2d 459 (1978)

Eli E. KAPHAN, Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 27, 1978.

Attorney(s) appearing for the Case

Houchins & Tasker, Kenyon Houchins, Houston, for appellant.

Law Offices of Adolph Uzick, Robert L. Lipstet, Houston, for appellee.

COLEMAN, Chief Justice.

The Fidelity and Deposit Company of Maryland, the surety on Eli E. Kaphan's bond as guardian of the estate of Edna Kaphan, brought suit against Eli E. Kaphan to recover money which it paid to the successor guardian of Edna Kaphan by reason of a shortage in the guardianship account. The judgment for the plaintiff was entered on a jury verdict. The judgment will be affirmed.

On the 8th day of September, 1971, Eli E. Kaphan was appointed...

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