The contract for the sale of the cotton had been partially executed in Crosby county by the delivery in that county of the several bales which were situated there. Having the right to sue Dillard in Crosby county, plaintiff, Neel, also had the right to sue the payee bank in that county, upon the ground that it had collected the proceeds of a subsequent sale by Dillard and had converted it, under its banker's lien, to the payment of Dillard's indebtedness, in violation of the implied duty to hold the funds in trust subject to the order of Neel. Hull v. Guaranty State Bank of Overton (Tex.Civ.App.) 199 S.W. 1148; Vaughn v. Farmers' Merchants' National Bank of Alvord, 59 Tex. Civ. App. 380, 126 S.W. 690; Provident National Bank v. C. D. Hartnett Co., 45 Tex. Civ. App. 273, 100 S.W. 1024; Bailey v. Triplett Bros. (Tex.Civ.App.) 286 S.W. 914; Milmo National Bank v. Cobbs, supra. Plaintiff's right to join the Littlefield State Bank as a defendant must be determined upon the answer to the inquiry whether said bank was either a necessary or a proper party.
The opinion of the Supreme Court is reported in 100 Tex. 214, 97 S.W. 689. The opinion of the Court of Civil Appeals in 45 Tex. Civ. App. 273, 100 S.W. 1024. In that case Early, Foster Co., who claimed an indebtedness on open account against the C. D. Hardnett Company, drew a draft on Hardnett Company in favor of the Provident Bank for the amount claimed, and attached thereto a statement of the account.