Grigsby v. Long

OPINION ON PETITION TO REHEAR.

This case is again before us on petition for a rehearing, supported by an agreement of counsel in which it was agreed that there was a mistake in the deposition of W. P. Bryant as copied into the record wherein he was made to state that H. T. Stratton’s personal or individual deposit account in the said Peoples Bank was, on August 14, 1923, credited with $10,655.35 when as a matter of fact his deposit account on said date was credited with only $655.35, and that said statement was an error; from which it is insisted that Stratton did not receive the $10,000 deposit but that Long received it, and therefore it is asked that our former decree be set aside and that a decree be rendered against Long for the $10,000.

We have again examined the record, taking ino consideration said agreement, and have arrived at the conclusion that it is immaterial whether Stratton received the $10,000 proceeds of said R. F. Long, Trustee, notes, as there is no issue as to whether Strat-ton received the proceeds of said notes, and our original opinion, at page nine, will be amended so as to state that we do not decide whether Stratton received the $10,000, as that question is immaterial, but we are of the opinion, as heretofore decided, that R. F. Long did not individually or as trustee receive any of the proceeds of or derive any benefit from the two R. F. Long, trustee, notes; hence the petition to rehear is sustained only to- the extent above stated but in all other respects is denied.

Faw, P. J., and DeWitt, J., concur.