Fleming v. State

<p>1. Banks and Banking (§ 85*) — Criminal Offenses— Insolvent Banks — Receiving Deposits — I n dictment.</p> <p>An indictment, alleging that accused was the president of a bank, that as president he received as a deposit a bank check on another bank, payable to the order of a third person, (hat the check was deposited by the third person, that the president received the deposit after he knew that the bank was in failing circumstances and insolvent, does not charge the offense denounced by Acts 25th Leg. c. 100, punishing any officer of any bank who receives a deposit with knowledge that the bank is insolvent, because it does not allege affirmatively the insolvency of the bank at the time of the deposit, and because it does not show that the check was transferred as a deposit to the bank.</p> <p>[Ed. Note. — For other cases, see Banks and Banking, Cent. Dig. § 212; Dec. Dig. § 85.*]</p> <p>2. Banks and Banking (§ S4*) — Insolvent Banks — Reception of Deposits — “Insolvency oe in Failing Gikcumstances”— “Assets.”</p> <p>A bank is insolvent or in failing circumstances, within Acts 25th Leg. c. 100, punishing any officer of any bank who receives any deposit with knowledge that the bank is insolvent or in failing circumstances, when the bank does not have sufficient “assets,” consisting of real or personal property, bills receivable, notes, obligations to the bank of every character, considering the solvency of the makers, indorsers, guarantors thereof, and the value of the securities thereon, if any, and stocks and bonds held by the bank as its property, to pay its debts.</p> <p>[Ed. Note. — For other cases, see Banks and Banking, Cent. Dig. § 210; Dec. Dig. § 84.*</p> <p>For other definitions, see Words and Phrases, vol. 4, pp. 3647-3655; vol. 8, p. 7689.]</p> <p>Prendergast, J., dissenting in part.</p>