General Bonding & Casualty Ins. Co. v. Harless
Texas Commission of Appeals
Error to Court of Civil Appeals of Fifth Supreme Judicial District. Suit by Ben. E. Harless against Maude White, alias Maude Nelson, wherein writ of sequestration was sued out, defendant re-plevying the property, and giving replevy bond with the General Bonding & Casualty Insurance Company as surety, plaintiff making such company a party defendant.
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Error to Court of Civil Appeals of Fifth Supreme Judicial District. Suit by Ben. E. Harless against Maude White, alias Maude Nelson, wherein writ of sequestration was sued out, defendant re-plevying the property, and giving replevy bond with the General Bonding & Casualty Insurance Company as surety, plaintiff making such company a party defendant. Erom judgment of the Court of Civil Appeals (210 S. W. 307), affirming judgment for plaintiff, the insurance company brings error.
1Opinion of the Court
McOLENDON, P. j.
On March 24, 1913, Maude White purchased-of Ben P. Harless a diamond ring, diamond necklace, and other jewelry, and as a part of the purchase money executed to Harless 40 promissory notes, amounting to $2,017, to secure which she gave a chattel mortgage upon the jewelry. The mortgage provided, among other things, that upon default in the payment of the notes Harless should' have the right, with or without legal process, to take possession of the articles sold, all damage for their seizure being waived.
On April 18, 1913, Harless brought this suit against Maude White for…
2Cases cited4 opinions
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- J. N. Mitchell & Co. v. Bloom, Cohn & Co.Texas Supreme Court · 1898
- American Surety Co. of New York v. Stebbins, Lawson, Spraggins Co.Texas Supreme Court · 1915
- General Bonding & Casualty Ins. Co. v. HarlessCourt of Appeals of Texas · 1919
3Cited by3 opinions
- Commercial Acceptance Trust v. ParmerCourt of Appeals of Texas · 1922
- Stewart v. Poinb&338ufCourt of Appeals of Texas · 1925
- Warren v. HelmsCourt of Appeals of Texas · 1925