Ft. Worth State Bank v. Little

The appeal in this case must be dismissed. As instituted in the justice court it was for the recovery of $100, with interest. The plaintiff alleged a previous deposit of several hundred dollars in the defendant bank, which it was conceded had been all repaid except $100, to recover which the suit had been instituted. The bank suffering an adverse judgment appealed to the county court, where judgment was again rendered in favor of appellee, and this appeal prosecuted.

Whether the plaintiff’s pleading be construed as declaring upon a breach of an express contract of gratuitous bailment, as…