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LAWRENCE v. BOLES

No. 1398.

631 S.W.2d 764 (1981)

F. Lee LAWRENCE, Trustee in Bankruptcy For Cain Banking Company, Appellant, v. C. W. BOLES, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied March 25, 1982.

Attorney(s) appearing for the Case

George Conner, III, Lawrence & Lawrence, Tyler, for appellant.

Curtis Owen, Tyler, for appellee.

SUMMERS, Chief Justice.

This is an appeal from a suit upon a promissory note which was executed by the appellee-defendant, C. W. Boles (Boles), in favor of Cain Banking Company. After the note became due, but before collection, the banking company went into bankruptcy. The trustee in bankruptcy, F. Lee Lawrence, represented the creditors of the bank in prosecuting this collection case against Boles.

Trial was had to a jury which returned a verdict in favor...

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