Peoples National Bank v. Brogden & Bryan

BROWN, Associate Justice.

Certified question from the Court of Civil Appeals of the Fifth Supreme Judicial District, as follows:

“The case made by the petition and established by the findings of fact is that in September, 1902, appellees, in Arkansas, bargained to one Cox, of Ennis, Texas, 155 barrels of apples, for $465, delivered at Ennis, with privileges of examination in car, for the agreed price of which a draft was drawn on Cox with bill of lading attached, shipment being to ‘shipper’s order, notify Cox,’ and that this draft was sent by a bank in Arkansas, acting as appellees’ agent, to…