City National Bank v. Gustavus

Mr. Judge Hickman

delivered the opinion of the Commission of Appeals, Section A.

The application of each party for writ of error was granted, resulting in the situation that each is both plaintiff in error and defendant in error. To avoid confusion we shall employ the designations of the trial court wherein Mrs. Gustavus was plaintiff and The City National Bank of Bryan was defendant.

In December, 1921, the plaintiff, a widow, residing in Ballinger, Runnels County, sent through the mail two checks to the cashier of the defendant bank, as cashier and not as an individual, for deposit to her…