Heimpel v. First National Bank and Trust Company

Opinion by

Mr. Justice Maxey,

Plaintiffs below, husband and wife, respectively, brought an action in trespass against the appellant bank, for damages by reason of the bank’s alleged wrongful conversion of certain securities deposited by them with the bank as collateral for a loan. They obtained a verdict for $2,619.93. The court below refused to enter judgment n. o. v. This appeal followed.

On October 19,1937, the bank held two notes of plaintiffs’, one was a demand note for $1,200 with interest from its date, July 23, 1937. No demand for payment was made prior to October 19tk and no interest…