Holmes v. Uvalde Nat. Bank

FLY, O. J.

Appellant instituted suit against the Uvalde National Bank, T. G. Frost, J. M. Kincaid, M. B. Walcott, F. J. Bheiner, J. C. Turman, and F. T. Kincaid, as directors of the bank, and Jake Schwartz, as liquidating agent, for certain deposits made by him, amounting to $48,788.81. The cause was submitted to a jury on the following issue, given by the court:

“Was F. J. Bheiner the agent of plaintiff, Daniel Holmes, in making the loans of the money that he turned over to said Bheiner?”

The issue was answered in the affirmative, and the second issue became unimportant and, under instruction…