Wharton v. Fidelity Mut. Life Ins. Co. of Philadelphia
Court of Appeals of Texas
Appeal from District Court, Grayson County ; W. M. Peck, Judge. Action by the Fidelity Mutual Life Insurance Company of Philadelphia against J. H. Wharton. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRainey, C. J.
W. C. Wharton was the agent of the Fidelity Mutual Life Insurance Company of Philadelphia, and as such executed a bond in the sum of $700, conditioned, among other things, for the faithful performance of his duties. J. H. Wharton signed said bond as the only surety thereon. W. C. Wharton failed to pay over moneys claimed to be due appellee by him, and appellee sued to recover the amount of said bond, alleging insolvency of said W. C. Wharton, etc.
Defendant, after a general denial, pleaded specifically under oath that he was not liable, because: (1) Under the terms of the written contract of…
2Cases cited1 opinion
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