Norton v. Mercantile Bank & Trust Co. of Texas

On and prior to November 1, 1929, the W. B. Foshay Company, of Minneapolis, Minn., carried a checking account in the Mercantile Bank & Trust Company of Texas, the appel-lee, whose bank is in Dallas. The appellant Laubenheim also carried a-cheeking account in the same bank in the name of C.- Paul Laubenheim, agent. Jn the latter part of October, 1929, the Foshay. Company gave to the appellant Norton three checks drawn tipon the appellee bank, pasible to Norton’s order, and totaling $7,7S0.41. Norton indorsed the checks and sent them''to Laubenheim, who was to cash them and use a part of the…