Highland Park Independent School Dist. v. Republic Ins. Co.

On Second Motion for Rehearing.

The supplemental majority opinion, of May 15, 1942, states that the application of Article 7147 to reserves for reinsurance balances and unpaid losses would involve a fact determination. We should have stated, and now hold as an addendum to said opinion, that said article only permits deduction of debts owing by the property owner from debts due him, and not from property generally. Rosenberg v. Weekes, 67 Tex. 578,4 S.W. 899; Campbell v. Wiggins, 2 Tex.Civ.App. 1, 20 S.W. 730; Primm v. Fort, 23 Tex.Civ.App. 605, 57 S.W. 86, 972. Bonds, stocks, money and bank…