Peavy-Moore Lumber Co. v. First National Bank

Mr. Presiding Judge Smedley

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

The Court of Civil Appeals for the Ninth Supreme Judicial District has certified five questions to this court, pending decision of motion for rehearing filed in that court after its reversal of the district court’s judgment and rendition of judgment in favor of appellant.

The facts set out in the certificate are in substance as follows : On August 3, 1935, Long Island Machinery & Equipment Company, Inc., of New York City, New York, hereinafter referred to as Long Island Company, was indebted to appellant,…