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FITCH v. INTERNATIONAL HARVESTER COMPANY

No. 5490.

350 S.W.2d 395 (1961)

E. L. FITCH, d/b/a E. L. Fitch Trucking Co., et al., Appellants, v. INTERNATIONAL HARVESTER COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied October 25, 1961.

Attorney(s) appearing for the Case

Murray J. Howze, Monahans, for appellants.

L. Holt Magee, McGowen & Magee, Monahans, for appellee.

LANGDON, Chief Justice.

Appellee, International Harvester Company, plaintiff in the court below, brought suit against appellant, E. L. Fitch, doing business as E. L. Fitch Trucking Company, because of default in the payment of a certain promissory note executed by Fitch and secured by a chattel mortgage against a 1959 International truck. At the same time, plaintiff filed an ancillary suit for sequestration and posted a good and sufficient bond in order to obtain...

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