Texas Banking & Insurance v. Turnley
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by James B. Turnley to recover from the defendant the value of a certain bond of the Georgia Railroad Co., payable on 1st July, 1874, of the denomination of $500, with two interest coupons thereto attached, each for $17.50, alleged to have been deposited with the defendant, and which the defendant had wrongfully converted to its own use.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by James B. Turnley to recover from the defendant the value of a certain bond of the Georgia Railroad Co., payable on 1st July, 1874, of the denomination of $500, with two interest coupons thereto attached, each for $17.50, alleged to have been deposited with the defendant, and which the defendant had wrongfully converted to its own use. By amended petition, James B. Turnley alleged that the bond and coupons were the separate property of his wife, Louisa A. Turnley. That the defendant received them from him by virtue of…
1Opinion of the Court
Stayton, Associate Justice.—
It is not questioned that the bond in controversy was the separate property of Mrs. Turnley, and such it will be considered. This being true, if it was deposited by her husband with the bank for the purpose, and under the agreement claimed by it, which, under the verdict, will be assumed to be true, then the act of the husband was wrongful as to the wife and without legal authority.
It is urged that no title to the bond passed to the bank, and that it had no right to hold it, even in pledge, as a security for any sum which the bank may, under the contract which it…
2Cases cited11 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Goodman v. SimondsSupreme Court of the United States · 1858
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Belmont Branch of State Bank of Ohio v. HogeNew York Court of Appeals · 1866
- Arents v. CommonwealthSupreme Court of Virginia · 1868
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kempner v. Comer, Fairris & DialTexas Supreme Court · 1889
- Cont'nal Natl. Bk. of Ft. Worth v. ConnerTexas Supreme Court · 1948
- Worsham v. StateCourt of Criminal Appeals of Texas · 1909
- Kirkpatrick v. San Angelo Nat. BankCourt of Appeals of Texas · 1912
- Benson v. KellerOregon Supreme Court · 1900
17 more not listed; retrieve them via the Exa API.