Texas Hardware & Implement Mut. Fire Ins. v. Dallas Trust & Savings Bank

This suit was filed July 10, 1924, by Texas Hardware & Implement Mutual Fire Insurance Company, hereinafter called insurance company, and the National Surety Company, against Dallas Trust & Savings Bank, hereinafter called bank. A peremptory instruction was given in favor of the bank, and judgment followed accordingly.

The facts out of which the litigation arose are as follows: Chas. B. Smith was treasurer of the insurance company from Febriiary 14, 1921, to October 20, 1922. He gave a fidelity bond as such in the sum of $20,000, with the National Surety Company as surety. Smith appropriated…