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AIRLINE COMMERCE BANK v. WILBURN

No. A2412.

609 S.W.2d 813 (1980)

AIRLINE COMMERCE BANK, Appellant, v. Earl W. WILBURN, Jr., et al, Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied December 17, 1980.

Attorney(s) appearing for the Case

Michael Dorman, Liddell, Sapp, Zivley, Brown & LaBoon, Houston, for appellant.

Maurice L. Bresenhan, Jr., Bresenhan, Martin & Wingate, Ross A. Sears and John H. Nichols, Bruce L. James, Saccomanno, Clegg, Martin & Kipple, Houston, for appellees.

Before J. CURTISS BROWN, C. J., and COULSON and JUNELL, JJ.

JUNELL, Justice.

Appellant Airline Commerce Bank (Bank) brought suit on a promissory note executed by appellees, Earl W. Wilburn, Jr., Truett Peachey, and Jake B. Clegg, Jr. The note proceeds were deposited to a North Central General Hospital bank account in appellant Bank and were used to pay hospital operating expenses. Trial to the Court resulted in a take nothing judgment in favor of appellees, the Court finding that actions taken by appellant in the attempted...

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