People's Nat. Bank of Tyler v. William Tell Lodge No. 27, I. O. O. F.

(after stating the case as above).

It is believed that on the facts disclosed by the record it may not be held that the bank was relieved of its liability to pay the appel-lee lodge the deposit balance of $365.72 because it had paid it out on checks drawn against it by E. L. Tucker. Therefore the court did not err in peremptorily instructing the jury to return a verdict in favor of the lodge. That is the question in the appeal.

The facts are conclusive, and not in uncertainty, that K. G. Irving having legal control of the funds of the local lodge, in virtue of being the elected treasurer and…