First State Bank of Bonham v. Hill
Court of Appeals of Texas
Appeal from Fannin County Court; H. A. Cunningham, Judge. Action by D. V. Hill against the First State. Bank of Bonham. From a judgment for plaintiff, defendant appeals. On July 15, 1910, and for about two months prior thereto, J. A. Freeman, who was located in Bonham, had an account with and conducted his business with appellant bank. He was engaged in the commission and brokerage business.
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Appeal from Fannin County Court; H. A. Cunningham, Judge. Action by D. V. Hill against the First State. Bank of Bonham. From a judgment for plaintiff, defendant appeals. On July 15, 1910, and for about two months prior thereto, J. A. Freeman, who was located in Bonham, had an account with and conducted his business with appellant bank. He was engaged in the commission and brokerage business. On July 15, 1910, Freeman drew a draft for $88.55 on a party in Midland, with bill of lading attached, for a car of hay sold, and delivered it to the bank for .collection. The bank, upon the delivery of…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The court made the finding, which is fully supported by the evidence, that the bank had no notice that appellee or any other than Freeman himself owned or had any interest in the six cars of hay or the proceeds of the sale deposited in the hank until after September 2d. The account and passbook were balanced on September 6th. It was upon this finding, and the further fact that the deposit of the proceeds of the «ale of the hay in the bank by Freeman in his name was not without actual authority from appellee, that the court declined to hold the bank…
2Cases cited3 opinions
- Commercial & Agricultural Bank v. JonesTexas Supreme Court · 1857
- Interstate National Bank v. ClaxtonTexas Supreme Court · 1904
- Coleman v. First National BankTexas Supreme Court · 1901
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- Bank of Hartford v. McDonaldSupreme Court of Arkansas · 1913
- Gaines v. First State Bank of BellevueCourt of Appeals of Texas · 1930
- Steere v. Stockyards Nat. BankCourt of Appeals of Texas · 1921
- New Amsterdam Casualty Co. v. First Nat. Bank in Oklahoma CitySupreme Court of Oklahoma · 1930
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