Frierson & Co. v. Canal Bank & Trust Co.

ODOM, Justice.

The Canal Bank & Trust Company, now in liquidation, but not in liquidation at the time this suit was filed, prosecutes this appeal from a judgment recognizing plaintiff as the owner and entitled to the possession of certain negotiable warehouse receipts and ordering defendant to surrender them and also perpetuating an injunction restraining defendant from disposing of them pending final determination of this suit.

The facts are that on January 23, 1933, Frierson & Co., Inc., being in need of funds, borrowed $10,100 from the Canal Bank & Trust Company, and executed a ninety-day…