Interstate National Bank v. Claxton
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Potter County. The bank sued Claxton on a note and the latter defended on plea of the bank’s misappropriation of his funds on deposit by his factor. From a judgment sustaining this defense, plaintiff appealed and, on its affirmance, obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
Plaintiff in error brought this suit to recover of defendant in error upon his note executed to Tamblin & Tamblin and assigned by them to plaintiff. The defendant’s liability upon the note is not disputed, but he claims that plaintiff is liable to him for certain moneys of his which were deposited with it by Tamblin & Tamblin and partly applied by plaintiff to their indebtedness to it, and partly drawn out by them and appropriated to their own purposes. This contention is based on the following facts: Tamblin & Tamblin were live stock commission merchants in Kansas…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Gerard v. . McCormickNew York Court of Appeals · 1891
- Coleman v. First National BankTexas Supreme Court · 1901
3Cited by60 opinions
- United States Fidelity & Guaranty Co. v. AdoueTexas Supreme Court · 1911
- Chazen v. Centennial BankCalifornia Court of Appeal · 1998
- Steere v. Stockyards National BankTexas Supreme Court · 1923
- Wichita Royalty Co. v. City National Bank of Wichita FallsTexas Supreme Court · 1935
- National Indemnity Co. v. Spring Branch State BankTexas Supreme Court · 1961
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