Galloway v. Vivian State Bank

This is an action to recover the amount of a special deposit of $6,081.21 in the defendant bank, credited to the account of “James Galloway, Special,” and appropriated by defendant to the full payment of one, and partial payment of another, of two notes signed by Galloway & Whitten, a partnership engaged in drilling oil wells, and composed of this plaintiff and his son-in-law. Which said notes contained the usual clause authorizing the bank to apply to the payment thereof any funds on deposit to the credit of the drawer or other party to the notes.

Now the funds to the credit of the account of…