Commonwealth Bonding & Casualty Ins. Co. v. Stearns
Court of Appeals of Texas
Appeal from District Court, Motley County; Jo A. P. Dickson, Judge. Action by L. A. Stearns against the Commonwealth Bonding & Casualty Insurance Company. There was a default judgment for plaintiff, and, from an order denying a motion for new trial and to set aside the default judgment, defendant appeals.
1Opinion of the CourtHall, J.
This suit was filed April 9, 1914, by appellee, in the district court of Motley county, for the purpose of canceling certain notes given to appellant company, and to recover the sum of $312.50 cash, paid to the alleged agents of said company. For the purposes of this opinion, it is sufficient to say that the facts alleged, if true, constituted a good cause of action and entitled ap-pellee to the relief prayed for. On April 9, 1915, defendant answered, first by plea of privilege, to be sued in Tarrant county, set up the statute of two years’ limitation, and alleged other facts, which, if true,…
2Cases cited4 opinions
- Nevins v. McKeeTexas Supreme Court · 1884
- Ames Iron Works v. ChinnCourt of Appeals of Texas · 1899
- Drummond v. LewisCourt of Appeals of Texas · 1913
- Niagara Fire Ins. Co. v. LollarCourt of Appeals of Texas · 1913
3Cited by2 opinions
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
- St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927