Frost National Bank of San Antonio v. Nicholas & Barrera

KLINGEMAN, Justice.

This is a suit filed by appellee, Nicholas & Barrera, a Professional Corporation, to recover a sum of money embezzled by a public accountant employed by it, through the use of a checking account at the Frost National Bank of San Antonio, appellant herein.

Appellee sought recovery both on a contractual basis and on a negligence basis, to-wit: (a) that appellant breached the depository contract between it and appellee in that appellant agreed by virtue of its depository contract to pay the amounts of checks drawn by appellee only to the named payee of such checks, and that as…