Commercial & Agricultural Bank v. Jones
Texas Supreme Court
Appeal from Cameron. Tried below before the Hon. Edward J. Davis. Suit by Simon L. Jones and E. L. Ufford, late partners trading under the name and style of Jones & Ufford, against the Commercial and Agricultural Bank, Samuel M. Williams, James N. Reynolds and Theodore F. Brewer, commenced on the 24th of March, 1852, to recover the balance of a deposit to the credit of plaintiffs made in the Branch Bank at Brownsville on or about the 18th of May, 1850. The allegations of the…
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Appeal from Cameron. Tried below before the Hon. Edward J. Davis. Suit by Simon L. Jones and E. L. Ufford, late partners trading under the name and style of Jones & Ufford, against the Commercial and Agricultural Bank, Samuel M. Williams, James N. Reynolds and Theodore F. Brewer, commenced on the 24th of March, 1852, to recover the balance of a deposit to the credit of plaintiffs made in the Branch Bank at Brownsville on or about the 18th of May, 1850. The allegations of the petition were, in substance, as follows : that about the 1st of May, 1850, the plaintiffs shipped from Monterey, in…
1Opinion of the CourtWheeler, J.
It appears indisputably that, when the plaintiffs’ money was deposited in the bank, its officers were fully advised whose money it was, and to whose use the deposit was made. It was received as the plaintiffs’ money, and with the express understanding that it was to be held subject to their orders or instructions. This is evident, as well from the testimony of the cashier, Jenkins, on whose testimony the defendants seem very much to rely, as from all the other evidence in the case bearing upon that point. He says that Dye, when he brought the money, said he did not know from whom it came, or…
2Cases cited5 opinions
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- Case & wife v. AbeelNew York Court of Chancery · 1829
- Frazier v. Erie BankSupreme Court of Pennsylvania · 1844
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- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Interstate National Bank v. ClaxtonTexas Supreme Court · 1904
- Heidenheimer & Co. v. L. A. & EllisTexas Supreme Court · 1887
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