Western Union Telegraph Co. v. First State Bank & Trust Co.

This is the second appeal in this case. The former decision will be found in 241 S. W. 789.

As the statement of the ease in the former opinion by Justice Boyce is full and complete, we will not restate-the case except to make such additional statements as are necessary to explain the propositions we shall discuss, and we will not discuss such assignments and propositions clearly decided in the former opinion, except such as have newly arisen on the second trial or are now presented in a new aspect.

Appellant insists that it had “supplied such proof on the last trial of lack of acts or…