Smith v. the Security Bank Trust Co.

Harry Kupper, doing business under the trade name of Paragould Auction Bales & Commission Company, engaged in selling cattle at auction during the year 1936 at Paragould, Arkansas. Persons having cattle for sale would carry them to Paragould and turn them over to Kupper for sale at auction, paying him 4 per cent, of the sales price as commission for his services. The sales were held once each week and continued practically throughout the year of 1936.

Kupper carried an account in the trade name with the appellee, The Security Bank & Trust Company. He had an arrangement with appellee, whereby…