Southern Surety Co. v. Nalle & Co.
Court of Appeals of Texas
Brady, J., dissenting. Appeal from District Court, Travis County; Geo. Callioun, Judge. Action by Nalle & Co. and others against the Southern Surety Company. Judgment for plaintiffs, and defendant appeals.
1Dissent
The instances have been rare in which I have felt compelled to disagree with my Associates, but in this case I consider it my imperative duty to do so. Ordinarily, I should be content to merely register my formal dissent, but the decision impresses me as being so destructive of the fundamental law of agency, and such an undue regard for the findings of a trial court, as to justify me in writing at length my views.
In the original opinion, while differing upon the question of the constitutionality of the statute, this court unanimously held that there had been such a change in the contract to…
2Cases cited56 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Henry v. PhillipsTexas Supreme Court · 1912
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Queen v. HepburnSupreme Court of the United States · 1813
- Matter of CaseNew York Court of Appeals · 1915
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