This is a suit by a customer-borrower against a bank for fraud, conspiracy and conversion. In a prior trial plaintiffs were granted a judgment against the bank for actual and exemplary damages. That judgment was reversed and remanded because of the insufficiency of the evidence to support the jury verdict. Citizens National Bank of Lubbock v. Maxey, 461 S.W.2d 138 (Tex.Civ.App. 1970, writ refd n.r.e.). Upon remand, the trial court granted the banks motion for summary judgment on the grounds the plaintiffs cause of action is barred by the doctrine of res judicata and estoppel by judgment. The court of civil appeals affirmed. 489 S.W.2d 697. We reverse.
