Smith v. Vankirk

TIREY, Justice.

This suit (non-jury) is one for an accounting and is grounded on an oral contract between plaintiff R. VanKirk and Dan C. Smith and Texas Gulf Claims Service, Inc., a corporation, as defendants. The River Oaks State Bank was made a party defendant on the ground that it was a depository and held funds in trust, in which all the parties were interested. The bank seasonably filed its answer as an inter-pleader and, among other things, admitted that it had the sum of $3,396.42 on deposit, subject to withdrawal by the duly authorized officers of the Texas Gulf Claims Service, Inc.…