Barnard, Rec. v. Black

Action based upon an intervening petition filed by appellee in the receivership proceedings of the Tuxedo State Bank, in which petition it is averred that appellee opened a checking account in the Tuxedo State Bank on September 24, 1927; that thereafter deposits were made to said account and checks drawn thereon, and, on January 24, 1928, appellee had on deposit in said account, $170.57; that, on said date, appellee drew on said account $65, leaving a balance therein of $105.57; that said bank was then open for business and was held out and represented to the public and to its customers by…