Southern Surety Co. v. Austin

This is an appeal from a judgment of the district court of Travis county in favor of the appellee against appellant for the sum of $4,904.60 on an indemnity bond. Only one question is involved; that is, whether or not the surety company was primarily liable on the bond in question, or whether it was only a surety and entitled to the protection of the law (articles 6244 and 6245, E. S. 1925)- relating to principal and surety.

The facts are substantially as follows: One Richard Ready was, during 1926, and for several years, prior thereto had been, cashier of the First Guaranty State Bant of Era,…