Price v. American Surety Co. of New York

MURRAY, Justice.

American Surety Company of New York, defendant in error, sued J. L. Price, plaintiff in error, alleging that it was a New York corporation with a permit to do business in Texas; that it was assignee of a judgment taken in North Dakota against J. L. Price and E. D. Smith, copartner's. Such judgment did not recite that service was issued and served on J. L. Price, nor that he appeared in person or by attorney.

J. L. Price, plaintiff in error, complains in his first proposition that the surety company, defendant in error, did not prove that it had a permit to do business in Texas.…