Baker v. Swearengin

This is a transfer to this court by a court of appeals on the dissent of one of the judges of that court. (168 S. W. 2d 473.) The action is on a cheek for $800.00 executed by McD. Swearengin who died a few hours after signing the check. On presentation of the check after the death of Swearengin, the bank refused payment. Later the bank delivered the $800.00 to the administrator of Swearengin’s estate. It was all the money on deposit with the bank to the credit of Swearengin at the time he executed the check.

At the close of the evidence, the court directed a verdict for the plaintiff for…