eBook details
- Title: Texas Company v. B. H. Davidson and John B. Seckinger
- Author : Supreme Court of Florida
- Release Date : January 19, 1918
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
WHITFIELD, J. -- The Texas Company brought an action against W. R. Fuller in the State Circuit Court and obtained a writ of garnishment therein against The First National Bank of Tampa on September 16, 1910. To release the money held by the bank under the garnishment, W. R. Fuller, as principal, and B. H. Davidson and John B. Seckinger, as sureties, executed a bond to the Texas Company conditioned that if Fuller ""shall well and truly pay to The Texas Company whatever sum it may recover against him in its suit, upon which suit such writs of garnishment were issued, and shall pay all interest, together with all costs of the suit, provided the Texas Company shall prevail in and by said suit, then this obligation shall be null and void, otherwise to remain in full force and virtue."" On December 6, 1910, an involuntary petition in bankruptcy was filed in the Federal Court against Fuller, and on February 24, 1911, Fuller was adjudicated an involuntary bankrupt, and was discharged January 26, 1912. It also appears ""that The Texas Company did in fact appear in said bankruptcy proceedings and prove its claim sued upon in the aforesaid suit as an unsecured creditor of the said W. R. Fuller before the referee in bankruptcy in said proceeding, have the said referee in bankruptcy allow the said claim, and did receive and collect a dividend upon the said claim in said bankruptcy proceedings, as therein allowed and awarded to all unsecured creditors of the said W. R. Fuller.""