United States Fidelity & Guaranty Co. v. Clifton
Court of Appeals of Texas
Appeal from District Court, Eastland County; E. A. Hill, Judge. Action' by the United States Fidelity & Guaranty Company against J. D. Clifton and others. Judgment for defendants, and plaintiff appeals.
1DissentConner, C. J.
I find myself unwilling to assent to the reasoning and conclusion announced by the Beaumont Court of Civil Appeals in the case of Gerlach & Bros, v. Du Bose, 210 S. W. 742, and in the cases in harmony with it, which have been approved by the majority.
As it seems to me, it is inaccurate and illogical to say that a surety on the defendant’s replevin bond thereby constitutes such defendant his agent with power to make agreements with his creditor plaintiff that clearly constitute a departure from the due course of law and result in a material variation in the surety’s obligation. While a…
2Cases cited12 opinions
- Rees v. City of WatertownSupreme Court of the United States · 1874
- Bankers Mutual Casualty Co. v. Minneapolis, St. Paul & Sault Sainte Marie Railway Co.Supreme Court of the United States · 1904
- Yeary v. SmithTexas Supreme Court · 1876
- Harrison Machine Works v. TempletonTexas Supreme Court · 1891
- Smith v. Elliott & DeatsTexas Supreme Court · 1873
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