This case presents the same question as that involved in Shaw, Banking Commissioner, v. McBride, 27 S.W.(2d) 121, this day decided. The decision in the latter ease controls the disposition of this case. We therefore recommend that the judgment of the trial court and that of the Court of Civil Appeals [11 S.W.(2d) 547] be affirmed.

The judgments of the district court and Court of Civil Appeals are both affirmed, as recommended by the Commission of Appeals.