Fidelity & Deposit Co. of Maryland v. First Nat. Bank of Teague

GALLAGHER, Chief Justice.

This is the second appeal in this case. The opinion on the first appeal is reported in Tex.Civ.App., 88 S.W.2d 605. Reference is made thereto for a more extensive statement.

Appellee, First 'National Bank, sued J. H. Eubank as principal and appellant, Fidelity & Deposit Company of Maryland, as surety on his official bond as sheriff of Freestone county, for damages resulting from alleged negligence in releasing property of the value of $2,250 from a writ of attachment in favor of appellee and against F. H. Berry on an insufficient replevy bond. Appellant denied that the…