American Surety Co. v. Fenner

Mr. Judge Taylor

of the Commission of Appeals, delivered the opinion for the Court.

This is a suit filed by American Surety Company of New York under its subrogation rights as surety against Fenner & Beane, a stock brokerage firm. The trial court upon findings made by the jury rendered judgment in favor of the surety against Charles E. Fenner and A. C. Beane, and eight others as members of the firm. The Court of Civil Appeals reversed and remanded the cause. 97 S. W. (2d) 741. Both plaintiff and defendants applied for writs of error. The application of plaintiff was granted on the alleged…