Nettles v. First Nat. Bank of Temple

BLAIR, Justice.

Appellant, E. E. Nettles, sued appellee, First National Bank of Temple, to recover an alleged trust fund of $5,354.93, deposited by appellant with appellee bank on April 17, 1937. The trial court sustained certain special exceptions to the first amended and first supplemental petition and, upon appellant’s refusal to amend, dismissed the suit; hence this appeal.

The facts alleged as establishing the trust fund, or out of which the alleged trust agreement or agreements arose, are, in substance, as follows:

That immediately after appellant became the duly elected and acting…