Galveston, H. & S. A. Ry. Co. v. Webster Co.

WEST, District Judge.

The plaintiff carrier sues defendant Webster, shipper, as principal and the defendant United States Fidelity & Guaranty Company, as surety, to recover freight charges due by the shipper defendant to plaintiff upon a bond executed by defendant Webster Company, as principal, and eodefendant company, as surety.

Defendants demur to the sufficiency of plaintiff’s original petition upon the ground that it appears therefrom that plaintiff’s cause of action, accruing May 1,1920, more than three years prior to the institution of suit, January 16, 1924, is barred by the three-year…