Thomas Lonergan v. San Antonio Trust Co.
Texas Supreme Court
Error to the Court of Civil Appeals for' the Fourth District, in an. appeal from Bexar County. The San Antonio Loan & Trust Co. sued Lonergan & Co. and the American Surety Co. and Bapp intervened. Plaintiff had judgment against both defendants and intervener took nothing. Defendants and intervener appealed. The judgment of plaintiff against both defendants and intervener was ’ affirmed.
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Error to the Court of Civil Appeals for' the Fourth District, in an. appeal from Bexar County. The San Antonio Loan & Trust Co. sued Lonergan & Co. and the American Surety Co. and Bapp intervened. Plaintiff had judgment against both defendants and intervener took nothing. Defendants and intervener appealed. The judgment of plaintiff against both defendants and intervener was ’ affirmed. Intervener had a reversal of the judgment denying him a recovery against Lonergan & Co. and judgment rendered in his favor.
1Opinion of the CourtJustice Brown
The San Antonio Loan & Trust Company instituted this suit against Thomas Lonergan & Company as principals and -the American Surety Company of New York as its surety to recover damages for. the breach of a contract and bond entered into by the said parties which we here copy: “Agreement made this 21st- day of February, 1899, between San Antonio Loan & Trust Company of the one part, and Thomas Lonergan & Co,, contractors, of the other part. Witnesseth: Said Thomas Lonérgan & Co., contractors, hereby agree in consideration of the sum of forty-seven thousand five hundred dollars to erect and…
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