Western Indemnity Co. v. Free & Accepted Masons of Texas

The application for writ of error was granted because of a conflict of opinions upon the construction of Rev. St. art. 5714, which pertains to stipulations in contracts requiring notice of “any claim for damages” as a condition precedent to suit. It is contended in this case that provisions for notice of “loss” in fidelity bonds, such as each of the instruments here sued on, do not come within the statute because, it is said, that law only applies to notices of “claims for damages,” as such, and moreover does not apply to obligations of the present character. The contrary was held by the…