Tough v. Citizens State Bank of Ellis

The opinion of the court was delivered by

Burch, J.:

The plaintiff, John S. Tough, sued the Citizens State Bank of Ellis for a sum of money. The claim was that J. 0. Walton sold, as agent, a team of horses owned by the plaintiff to T. Cromb. Cromb deposited the purchase money in the bank for Walton and the bank applied the money upon a note given by Walton, which it held. The defense was that the bank had no notice of the plaintiff’s claim to the money and that Walton directed that it be credited upon his note. The plaintiff recovered and the defendant appeals.

The plaintiff resides at Lawrence…