Peoples Bank & Trust Co. v. Fidelity & Casualty Co.

We are advised by counsel that the instant case is one of first impression in this State. Our own examination of the Eeports reveals no decision of this Court dealing directly with a similar factual situation.

Two persons bearing the same name, Otha Langley, are concerned in the transactions out of which the litigation grew. Otha Langley of E. E. D. had a fund on deposit and a checking account with the plaintiff bank; Otha Langley of Nash Street had none. The latter, signing his own name, drew checks on the bank from time to time which were paid to him by the bank out of the deposit of the…