Ward v. Shriro Corp.

GUITTARD, Chief Justice.

Shriro Corporation recovered judgment against Morris Ward and Clyde DeLay for conversion of a check issued by Transcontinental Insurance Company. Earlier this year we reversed that judgment and rendered judgment for defendants Ward and DeLay on the ground that Shriro Corporation had elected its remedy when it settled its claim against Transcontinental, one of the original defendants, for failure to include the name of Shriro Corporation in the check. Ward v. Shriro Corporation, 561 S.W.2d 589 (Tex.Civ.App.—Dallas 1978). The supreme court disagreed with that holding,…