Legal Opinion

First Nat. Bank of El Paso v. Kerr

Court of Appeals of Texas

Decided November 26, 1920No. 1138PublishedCited by 4 opinions

Walthall, J., dissenting. Appeal from District Court, El Paso County ; Ballard Coldwell, Judge. Suit by A. P. Kerr against the First National Bank, of El Paso, Tex. Judgment for plaintiff, and defendant appeals.

1Opinion of the Court

This suit was brought by appellee, A. F. Kerr, against the First National Bank of El Paso, Tex., to recover damages for the conversion of certain shares of mining stock. The litigation grew out of the following facts:

Plaintiff testified:

"On or about August 21, 1916, I did have occasion to borrow $13,500 from the defendant, the First National Bank of El Paso. The circumstances under which that money was borrowed were just this, the price of the United Verde Extension stock was rather depressed at that time, rather low, and Mr. Bagwell came in and called my attention to the fact, and he said he…

2Cases cited3 opinions

  1. Roberts v. WimberlyTexas Supreme Court · 1874
  2. Texas Banking & Insurance v. TurnleyTexas Supreme Court · 1884
  3. Memphis Cotton Oil Co. v. GistCourt of Appeals of Texas · 1915

3Cited by4 opinions

  1. Gaines v. First State Bank of BellevueCourt of Appeals of Texas · 1930
  2. City National Bank in Wichita Falls v. KielCourt of Appeals of Texas · 1961
  3. Blanton v. AustinCourt of Appeals of Texas · 1965
  4. Continental State Bank v. TurnerCourt of Appeals of Texas · 1927

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