OPINION ON MOTION FOR REHEARING
Appellant contends in his motion for rehearing that we committed error in affirming the trial court judgment granting a summary judgment to the Bank. Among other things, he alleges that we failed to consider the defense of want of consideration, the defense of wrongful conversion of the loan proceeds, and the defense of scope of employment of the Bank officer.
We did consider these matters and ruled in the Bank’s favor.
There was no evidence that the Bank converted the loan proceeds. The true character of the transaction was a loan from the Bank to appellant, and a contemporaneous loan from appellant to Hillin. The teller did exactly what appellant expected when he signed the note and endorsed the cashier’s check and delivered it to Hillin. The fact that appellant did not physically handle the money does not change the nature of the transaction.
The consideration for the note is appellant’s promise to pay the Bank the money the Bank loaned him, which he in turn loaned to Hillin. Furthermore, the evidence is clear that Hillin was acting for his own personal interest and not in the scope of his employment with the Bank. See: Grayson County National Bank v. Hall, 91 S.W. 807, (Tex.Civ.App.—1906, no writ); Hawkins v. First National Bank of Canyon, 175 S.W.163, (Tex.Civ.App.—Amarillo 1915, no writ); National Bank of Commerce v. Rogers, 125 S.W.2d 632 (Tex.Civ.App.—Galveston, 1938, writ denied, jud.corr.)
*74Appellant’s main complaint in his motion for rehearing is that this Court improperly shifted the burden of proof to appellant. He argues that the Court relies on the deposition of appellant to establish the note and that the Bank is the holder of such note.
It is true that in a summary judgment proceeding the moving party has to prove that there is no genuine issue as to any material fact, and that he is entitled to a judgment as a matter of law. It is also true that the opponent has no burden to establish that there is a genuine issue as to a material fact, and that the total burden rests on the moving party. However, a different rule applies when a defendant relies upon an affirmative defense.
“There is one situation where the opponent of a summary judgment must come forward himself to raise a fact issue by proof, rather than allegation, the movant having presented no proof on the issue, and that is to support the non-movant’s own affirmative defense.” Torres v. Western Casualty and Surety Co., 457 S.W.2d 50, 53, (Tex.1970).
In the case at bar, appellant asserted the affirmative defense of fraud in the inducement. We hold that the evidence appellant presented was insufficient as a matter of law to show that there was a disputed fact issue upon his affirmative defense.
In moving for the summary judgment, the Bank assumed and properly carried forth the burden of establishing that there was no genuine issue as to any material fact and that it was entitled to a summary judgment as a matter of law.
At the time of the hearing, the trial court had before it an affidavit and a deposition made by appellant. In both his affidavit and deposition, appellant admitted the issuance and delivery of the note to the Bank. The deposition clearly shows that payment on the note had not been made. Attached to appellant deposition was a copy of the note. Appellant, as well as the Bank, filed a motion for summary judgment.
When a trial court has before it a motion for summary judgment by both parties, all of the affidavits accompanying these motions shall be considered in deciding whether or not to grant either parties’ motion for summary judgment. Debord v. Muller, 446 S.W.2d 299, (Tex.1969); The Texas Parks and Wildlife Dept. v. Champlin Petroleum Co., 616 S.W.2d 668, (Tex.Civ.App.—Corpus Christi 1981, writ ref’d n. r. e.)
From the summary judgment proof present in this case, the Bank established the note in question; that at the time of the hearing, there was a balance due and owing on the note; and that appellee was the legal owner of the note. This proof is a sufficient basis for rendering a summary judgment. See: Hidalgo v. Surety Savings and Loan Asso., 462 S.W.2d 540 (Tex.1971).
We considered all points on the motion for rehearing and they are overruled.