National Surety Co. v. Atascosa Ice, Water & Light Co.
Court of Appeals of Texas
Appeal from District Court, Atascosa County; Covey C. Thomas, Judge. Suit by the Atascosa Ice, Water & Light Company against the Atascosa County State Bank, in which defendant filed answer, making National Surety Company a party and seeking judgment over against it. Judgment for plaintiff against both defendants and for defendant bank over against defendant Surety Company, and the latter appeals.
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Appeal from District Court, Atascosa County; Covey C. Thomas, Judge. Suit by the Atascosa Ice, Water & Light Company against the Atascosa County State Bank, in which defendant filed answer, making National Surety Company a party and seeking judgment over against it. Judgment for plaintiff against both defendants and for defendant bank over against defendant Surety Company, and the latter appeals. Judgment for plaintiff affirmed as to bank, but reversed as to the Surety Company, and judgment for defendant bank against defendant Surety Company
1Opinion of the CourtCobbs, J.
This suit was filed in the district court of Atascosa county, Tex., by the Atascosa Ice, Water & Light Company, originally against only the Atascosa County State Bank, plaintiff seeking to recover from said bank judgment for $7,182 alleged to have been deposited by it with said bank, and payment of which amount had been refused by said bank. The bank filed its answer, making the National Surety Company a party, and seeking judgment over against it for any amount that might be recovered against the bank by the plaintiff. Later the plaintiff amended its petitidh and made the National Surety.…
2Cases cited19 opinions
- Skipwith v. HurtTexas Supreme Court · 1901
- Adams v. First Nat. Bank of WacoCourt of Appeals of Texas · 1915
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
- Cabell v. Hamilton Brown Shoe CompanyTexas Supreme Court · 1891
- Holloway v. BlumTexas Supreme Court · 1884
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