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SOUTHWESTERN INDEM. CO. v. CIMARRON INSURANCE CO.

No. 3711.

334 S.W.2d 831 (1960)

SOUTHWESTERN INDEMNITY COMPANY, Appellant, v. CIMARRON INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 5, 1960.

Attorney(s) appearing for the Case

Beard, Kultgen & Beard, Waco, for appellant.

Turner, White, Atwood, McLane & Francis (L. Ray Pearce), Dallas, for appellee.

McDONALD, Chief Justice.

This is a suit brought by Southwestern Indemnity Company as plaintiff, against Cimarron Insurance Company to recover for losses incurred by Southwestern as a result of the fraud of one Rymer; the contention being that Cimarron had, with knowledge, partaken of the benefits of the fraud of Rymer. Rymer had been a local recording agent of both Southwestern and Cimarron. Cimarron cancelled its contract with Rymer in July, 1957, at which time Rymer...

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