First Nat. Bank v. Fidelity Nat. Bank

HUTCHESON, Circuit Judge.

The Pampa National Bank brought this suit against the Fidelity National Bank to enforce a deposit liability of $7,209. Appellant, First National Bank, as assignee, came in and carried the suit on. The Fidelity Bank defended on the ground that on June 2, 1931, it had appropriated $7,200 the Pampa Bank had on deposit with it by charging the account with a $7,200 note of one Hopkins, theretofore discounted by it for the Pampa Bank. It claimed, and over objection was allowed to prove, that it had done this under a general oral agreement that the Pampa Bank would carry a…