Brand v. Lindale Canning Co.

JOHNSON, Chief Justice.

Appellee, Lindale Canning Company, a corporation, instituted this suit in the district court of Smith county, against appellant, E. C. Brand, Banking Commissioner, as statutory receiver of the Farmers & Merchants State Bank (in .liquidation), of Lindale, Smith County, seeking to recover $515.67, payable out of the funds of the insolvent bank in the hands of the commissioner, and alleged to be the amount of a 34 per cent, declared dividend due appellee as a depositor of said bank, upon appellee’s claim of $1,516.72.

The defendant answered by general demurrer, and various…