National Indemnity Co. v. Spring Branch State Bank

TIREY, Justice.

This is an appeal from an order overruling plaintiff’s motion for summary judgment. In the judgment we find this recital r * * * “the Court * * * finds that the-law and the facts are with the defendant,”' * * * and decreed that plaintiff take nothing. The decree is assailed on two' points; they are substantially to the effect that the Court erred because: (1) The bank had sufficient knowledge of the trust character of the funds standing in the name of The Mullan Company to create-a duty of inquiry as to the true ownership-thereof, and appellee was guilty of conversion when it…