Shaw v. McCord

The appeal is from a judgment in favor of appellee against appellant in his official capacity as banking commissioner of Texas, establishing a claim of $2,000 as a special deposit and preferred claim against the assets of the Commercial State Bank of Cisco, which bank is in the hands of appellant for liquidation. The theory of appellee’s claim was that the sum of $2,000 was deposited by him for a special purpose and was, therefore, a trust fund in the hands of the bank. The facts are practically undisputed and establish the following conclusions:

On or about October 20, 1926, appellee, who was…