Legal Opinion

Guaranty State Bank & Trust Co. v. Lively

Texas Supreme Court

Decided May 9, 1917No. 2470PublishedCited by 19 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Dallas County. Lively sued the Exchange National Bank, and the latter impleaded and asserted a cross-action against the State Bank & Trust Company and McFarland. Lively recovered judgment and the Exchange National Bank had judgment on its cross-action against the State Bank & Trust Company and McFarland. Both the banks and McFarland appealed.

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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Dallas County. Lively sued the Exchange National Bank, and the latter impleaded and asserted a cross-action against the State Bank & Trust Company and McFarland. Lively recovered judgment and the Exchange National Bank had judgment on its cross-action against the State Bank & Trust Company and McFarland. Both the banks and McFarland appealed. The judgment was affirmed, and the State Bank & Trust Company and McFarland obtained writ of error.

1Opinion of the CourtJustice Yantls

delivered the opinion of the court. •

This suit was instituted in the District Court of Dallas County, Texas, by H. Y. Lively against the American Exchange National Bank of Dallas.

Lively, who is defendant in error-here, and who was plaintiff in the District Court, alleged that on or about October 30, 1909, he was a depositor in the American Exchange National Bank of Dallas, having on deposit more than fifteen hundred dollars; that on or about the 10th day of December he demanded of the State Bank '& Trust Company that it repay to him the sum of fifteen hundred dollars which it had without…

2Cases cited2 opinions

  1. Shipman v. Bank of New YorkNew York Court of Appeals · 1891
  2. Guaranty State Bank & Trust Co. v. LivelyCourt of Appeals of Texas · 1912

3Cited by19 opinions

  1. American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
  2. McCornack v. Central State BankSupreme Court of Iowa · 1926
  3. Frost National Bank v. Nicholas & BarreraCourt of Appeals of Texas · 1976
  4. Doan v. Transcanada Keystone Pipeline, LPCourt of Appeals of Texas · 2018
  5. Greenville Nat. Exchange Bank v. NussbaumCourt of Appeals of Texas · 1941

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