Duncan v. Anderson

Opinion by

ESTES, C.

Parties will be referred to as they appeared in the trial court, inverse to their o.der here. In her suit against defendant, plaintiff, Anderson, alleged that the Greenfield State Bank was the duly constituted agent of plaintiff for loaning $1,100 of plaintiff’s money then in possession of said bank; that plaintiff drew a check and deposited same to the credit of Duncan, who thus received and used the money; that on December 1, 1923, plaintiff demanded said sum from defendant, and that defendant has wholly failed to pay same; that no express agreement otherwise was made…