Court of Appeals of Texas March 8, 1928, No. 620. (American Surety Co. of New York v. West State Bank)

GALLAGHER, C. J.

The West State Bank, appellee herein, sued the American Surety Company of New York, appellant herein, for ⅜1,541.59 upon a fidelity bond executed by said company as surety for one August J. Peters, an employee of said bank. Appellee alleged that said Peters embezzled, wrongfully abstracted, and willfully misapplied to his own use and benefit the sum sued for.