American Bank & Trust Co. v. Trinity Universal Insurance

SANDERS, Justice.

American Bank and Trust Company .brought suit against Trinity 1 Universal Insurance Company, surety on the bond of Cortez Construction Company, Inc., and its agents, Meyers, Whitty and Hodge, Inc., and John W. Whitty, Jr., to recover $13,-000.00, the balance due on three promissory notes of Cortez Construction Company, with interest, attorney fees, and penalties.

The petition alleged that Trinity through its agent, John W. Whitty, Jr., of Meyers, Whitty and Hodge, executed payment and performance bonds for Cortez Construction Company under a U. S. Army Corps of Engineers levee…