National Surety Corp. v. First National Bank of Midland

CALVERT, Chief-' Justice.

The First National Bank of Midland, Texas, sued National Surety Corporation on a Bankers Blanket Bond to recover the sum of $1,500 paid by Bank as a fee to attorneys who successfully defended a suit against it by one Mrs. Otis Beavers. Both parties moved for summary judgment. The trial court overruled National Surety’s motion, granted the Bank’s motion, and rendered judgment in favor of the Bank. The court of civil appeals affirmed. 424 S.W.2d 27. We reverse the judgments of the courts below and render judgment that the Bank take nothing.

The Bank’s right to recover…