City Bank v. Weiss

Citations

• 67 Tex. 331
• 3 S.W. 299
• 1887 Tex. LEXIS 878

Syllabus

<p>1. Banks—Endorsement for Collection.—B received a draft endorsed to him as follows: “Pay B or order for collection for account of the City Bank of Houston. B. F. Weames, cashier.” The prior endorsement on the draft showed that it had been remitted to the City Bank of Houston for collection and for account of the City Bank of Sherman. B collected the draft, and the City Bank of Houston, which was indebted to both B and to the City Bank of Sherman, failed; held, that B could not appropriate the money collected to the payment of his debt, but that the same belonged to the City Bank of Sherman.</p> <p>2. Cases Reviewed.—The Montgomery County Bank v. The Albany City Bank, 7 New York (3 Seld.), 459; Kent v. The Dawson Bank. 13 Blatehford, 237; Bradstreet v. Everson, 72 Pennsylvania, 124; Hoover v. Wise, 91 United States, 308, and Hyde v. The First National Bank, 7 Bissell, reviewed.</p> <p>3. Cases Cited ahd Approved.—Sweeney v. Easter, 1 Wallace, 166; Cecil Bank v. The Farmers’ Bank of Maryland, 22 Maryland, 148; Sigourney & Lloyd, 8 Barnewall & Cresswell, 622, and Trenttel et al v. Barandon, 8 Taunton, 100, cited and approved.</p>