Smith v. Republic Nat. Bank & Trust Co.

HIGGINS, Justice.

On March 23, 1931, Mable Smith, an ignorant and illiterate negro woman, deposited $150 in the savings department of the Republic National Bank & Trust Company of Dallas. Clarence Holloway, a negro man, went to the bank with her. The deposit was received by John K. Campbell, an employee of the bank in charge of accepting new accounts.

Because of Mable Smith’s inability to read, or write, the deposit was made in the name of Wade Erwin, a brother of Mable Smith. Holloway signed Erwin’s name upon the signature card and ledger sheet at Mable Smith’s request. Campbell did not know…