McFarlan v. Fowler Bank City Trust Co.

—On May 11, 1933, appellant and two others borrowed ten thousand ($10,000.00) dollars from a Cincinnati bank. The proceeds of the loan, less the discount, were placed with the Fowler Bank City Trust Company, of Lafayette, Indiana, subject to withdrawal on the joint order of the appellant and his two associates. Appellant claims that thereafter the Lafayette bank permitted the withdrawal of the funds to his loss, without his knowledge, consent or direction. He made claim upon the bank for redress and was advised by its officers on December 9, 1933, that the matter was receiving the…