Connolly v. Commercial Nat. Bank

DAWKINS, District Judge.

The prior record of this case is to be found in Leslie v. Commercial Nat. Bank, 28 F.Supp. 927; Rawlings v. Commercial Nat. Bank, 44 F.Supp. 5; and Parsons v. Commercial Nat. Bank, 64 F.Supp. 888 (opinions by this court) and in Commercial Nat. Bank v. Parsons, 5 Cir., 144 F.2d 231, and Id., 145 F.2d 191 (opinions by the Court of Appeals for this circuit).

When it came back from the Court of Appeals, defendant sought to amend its answer by alleging that the six per cent on daily balances, stipulated in the contract, was in reality compensation for services in…