Jockusch v. Towsey

Citations

• 51 Tex. 129

Syllabus

<p>1. Collections by bankers.—Money collected by a bank in the-course of its business for its customers, is held payable on. demand,, or placed to the customer’s account. The bank thereby becomes a simple contract debtor for the amount, less commissions which maybe charged.</p> <p>2. Bankers—Effect as to powers by its suspension,—After the suspension of a bank, its general power to collect ceases thereby, as to paper deposited with the bank previous to its suspension.</p> <p>3. Bankers—Fiduciary relations—Bankruptcy.—In a suit against discharged bankrupts for money collected by them as bankers, after suspension, upon drafts deposited with them before they failed, it was error to charge the jury, that if the defendants received the drafts for collection, and collected the same, this constituted such a fiduciary relation that their subsequent discharge in bank- • ruptcy did not release them from liability.</p> <p>4. See facts where it was held error to charge the jury, as matter of law, that a debt was not discharged by bankruptcy proceedings.</p>