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DUNN v. BANK OF NOVA SCOTIA

No. 23012.

374 F.2d 876 (1967)

Mirtha G. Fish DUNN and John S. Dunn and Waggoner Carr, Attorney General of the State of Texas, Appellants, v. The BANK OF NOVA SCOTIA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 1, 1967.

Attorney(s) appearing for the Case

J. Gordon Zuber, Asst. Atty. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., J. Arthur Sandlin, Asst. Atty. Gen., for appellant Attorney General of Texas.

Selby W. Sullivan, John E. Cook, Alfred H. Ebert, Jr., Houston, Tex., Andrews, Kurth, Campbell & Jones, Houston, Tex., of counsel, for appellants, Mirtha G. Fish Dunn and John S. Dunn.

Ben G. Sewell, Houston, Tex., Henry Harfield, New York City, McGregor, Sewell, Junell & Riggs, Houston, Tex., Shearman & Sterling, John E. Hoffman, Jr., New York City, of counsel, for appellee.

Before BELL and GODBOLD, Circuit Judges, and NOEL, District Judge.

PER CURIAM.

The question in this case turns on where an obligation of the bank was performable but this depends on whether the agreement between the depositors and the bank was a usual deposit agreement. We agree with the District Court that it was. The agreement entitled "Joint Deposit Agreement", was between the bank and Mr. and Mrs. Fish, residents of Texas, whereunder certain sums in United States dollars were deposited in the Toronto branch of appellee bank....

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