# Howze v. Surety Corp. of America

> Texas Supreme Court · April 25, 1979 · 22 Tex. Sup. Ct. J. 314

URL: https://www.frixlaw.com/law-library/cases/9678439

## Case

- **Full name:** Allen R. HOWZE Et Ux., Petitioners, v. SURETY CORPORATION OF AMERICA, Respondent
- **Court:** Texas Supreme Court
- **Decided:** April 25, 1979
- **Citations:** 22 Tex. Sup. Ct. J. 314; 584 S.W.2d 263; 1979 Tex. LEXIS 307
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Greenhill
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9678439

## How later opinions describe it (automated extraction)

- holding that surety is not bound when judgment was obtained by fraud or collusion

## Opinion text

ON MOTION FOR REHEARING
The motion for rehearing of Allen R. Howze is granted. Howze specifically pleaded for pre-judgment interest in his counterclaim against Surety. This Court has held that pre-judgment interest is recoverable as a matter of right where an ascertainable sum of money is determined to have been due and payable at a date certain prior to judgment. Republic National Bank of Dallas v. Northwest National Bank of Fort Worth, 578 S.W.2d 109 (Tex.1979); and Black Lake Pipe Line Co. v. Union Construction Co., 538 S.W.2d 80, 95-96 (Tex.1976).
Howze had a judgment against the mobile home dealer far in excess of the amount of Surety’s bond. He made a demand to Surety for payment of the face amount of the bond on July 28, 1976. An ascertainable amount was thus due and owing to Howze from July 28, 1976.
The judgment of this Court is reformed to include interest at a rate of six per cent from that date until June 29, 1977.
The motion for rehearing of Surety Corporation of America is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9678439. Public record. Not legal advice.