Hamburg-Bremen Fire Insurance v. Garlington
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Geo. F. Aldridge. This suit was instituted in the district court of Dallas county on August 5, 1884, on a policy of insurance issued by appellant to appellee. The amended original petition, filed May 25, 1885, alleged that on January 23, 1884, appellant issued to appellee a policy of insurance for $1,000 on his ‘‘two-story frame building occupied as a boarding house, situated on the north side of Main street, Dallas, Texas.”
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Appeal from Dallas. Tried below before the Hon. Geo. F. Aldridge. This suit was instituted in the district court of Dallas county on August 5, 1884, on a policy of insurance issued by appellant to appellee. The amended original petition, filed May 25, 1885, alleged that on January 23, 1884, appellant issued to appellee a policy of insurance for $1,000 on his ‘‘two-story frame building occupied as a boarding house, situated on the north side of Main street, Dallas, Texas.” That the buiding had, just prior to the issuance of the policy, been damaged by fire, and was reasonably worth $3,500;…
1Opinion of the Court
Stayton, Associate Justice.
The rights of the parties must depend on the character of the loss sustained while the policy issued on January 23 was in force. The thing insigred was a two-story frame ‘ ‘ building, ’ ’ on Main street, in the city of Dallas. By the term *106“building,” used in the finding of facts, we understand to be meant a “house,” which it is shown had been used as a “ hotel.” It was destroyed by fire, and if the loss was total, by reason of the fact that the building insured was thus so destroyed, that it ceased to be, within the meaning of the law, a building, then, under the…
2Cases cited5 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Queen Insurance v. Jefferson Ice Co.Texas Supreme Court · 1885
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Insurance Co. v. FogartySupreme Court of the United States · 1874
- Nave v. Home Mutual InsuranceSupreme Court of Missouri · 1866
3Cited by37 opinions
- Glens Falls Insurance Co. v. PetersTexas Supreme Court · 1965
- Fire Ass'n of Philadelphia v. StrayhornTexas Commission of Appeals · 1919
- Trinity Portland Cement Co. v. Lion Bonding & Surety Co.Texas Commission of Appeals · 1921
- Hewins v. London Assurance Corp.Massachusetts Supreme Judicial Court · 1903
- Larkin v. Glens Falls InsuranceSupreme Court of Minnesota · 1900
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