First National Bank of Marble Falls v. Border Bros.

KEY, Associate Justice.

— This is a suit instituted by Border Brothers, a firm ■ composed of Wade Border and J. P. Border, against the First Saturnal Bank of Marble Falls, a corporation. Omitting preliminary averments, appellees’ petition reads as follows:

“Third. That heretofore, to wit, on the 25th day of August, A. B. .1891, and for a long time prior and subsequent to said day and date, one W. O. Bichardson was the cashier and accredited agent of defendant bank.

“Fourth. That on said 25th day of August, A. B. 1891, said Wade Border was the treasurer of the Marble Falls Ferry Company, and as…