Brand v. R. W. Briggs & Co.

MURRAY, Justice.

This suit was instituted by appellee, R. W. Briggs & Co., a corporation, against E. C. Brand, commissioner of banking of the state of Texas, as receiver of the Farmers’ State Bank of San Benito, asking judgment in the sum of $5,000, alleging that it had made a special deposit of $5,000 in this bank under such circumstances as to constitute it a trust fund. The trial began with the intervention of a jury, but at the close of the testimony both parties requested an instructed verdict. The trial court overruled the motion of appellant, but granted the motion of appellee and…