Saddler

On or before February 19, 1921, the plaintiff had in the defendant bank an interest-bearing account, known as a special ordinary account, subject to check. Her business in connection with that account was conducted by George H. Wilson, her attorney in fact. On the above-stated date Wilson deposited for her in defendant bank a cashier’s check, made to her order by the First National Bank of Desdemona, Texas, in the sum of #3,640, and the bank credited that amount on her pass-book. On October 6, 1921 (said deposited amount not having been theretofore withdrawn), plaintiff presented to defendant bank her check for the sum of $3,653.03, being the said sum of $3,640, together with accrued unpaid interest thereon. The bank refused payment of this check. Thereafter the plaintiff commenced, and prosecuted to judgment, her action to recover the amount so demanded. Defendant appeals from the judgment.

It appears from the findings of the court that on receiving the cashier’s cheek, defendant indorsed the same and delivered it to the Commercial National Bank of Los Angeles, California, for credit, and received from said bank a credit therefor in the sum of $3,640; that the Commercial…