Commercial Nat. Bank of Hutchinson v. Heid Bros.

This suit is for a fund of $5,806.38 impounded by writ of garnishment by appellee. This is the second appeal. The former opinion by this court may be found in 226 S. W. 806, and the opinion by the Supreme Court reversing for a new trial appears in 240 S. W. 908, to which we refer for a more complete statement of the transactions which are the basis of the law questions for our- determination at this time than is deemed necessary in this opinion.

1-Ieid Bros, of El Paso, Tex., ordered three carloads of corn, of a certain class and quantity, from Pierson-Lathrop Grain Company. The latter, in…