Detroit Fidelity & Surety Co. v. First Nat. Bank of Wichita Falls

POWER, Justice.

This suit was instituted by appellee First National Bank of Wichita Falls, Tex., against J. M. McFall and the Detroit Fidelity & Surety Company, for a balance due on a note for $7,000 payable to the bank and dated January 15, 1931, signed “MeFo-U Brothers by J. M. McFall,” and to recover said balance from appellant surety company under the terms of a contract executed by appellant surety company dated August 5, 1930.

It is admitted that J. M. McFall as an individual had been doing business since 1925 and until April 20, 1929, under the trade-name of “MeFail Brothers.” On April…