Fidelity & Casualty Co. of New York v. Allibone

STEPHENS, Associate Justice.

Appellant’s brief contains the following succinct statement of the material facts proved on' the trial of this cause: “It was shown by the testimony that the contract of insurance, as described in plaintiff’s petition, was executed on the 2d day of March, 1891; that Armond De R. Allibone, the insured, was killed by being shot by Don Campbell, on the 23d of August, 1891. Proof of death was made formally on February 29, 1892. Suit was filed by appellee in the United States Circuit Court at Dallas, on the 4th of May, 1892, on the policy. That suit was dismissed on the…