American Cent. Ins. v. Huston
Court of Appeals of Texas
Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Action by A. Huston against the American Central Insurance Company, Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Cherokee County; L. D. Guinn, Judge. Action by A. Huston against the American Central Insurance Company, Judgment for plaintiff, and defendant appeals. By its policy issued April 20, 1920, appellant insured appellee in the sum of $1,600 against loss by fire of a stock of merchandise, and in the sum of $400 against loss by fire of certain store furniture and fixtures, during a period beginning on said April 20, 1920, and ending April 20, 1921. The property so insured was destroyed by fire May 18, 1920. Alleging that appellant had failed to comply with its…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1] We think it conclusively appeared from the testimony that appellee breached the stipulation in the policy referred to in the statement above, in that if he kept a set of books as specified he did not produce same after the fire for examination by appellant. Testifying as a witness, he stated that the books he kept were left' on a desk in his store, and were destroyed by the fire. “There was nothing left,” he said, “from that fire in the way of books or records that disclosed the condition of my business which was destroyed, except that I…
2Cases cited7 opinions
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- McPherson v. Camden Fire Ins. Co.Texas Commission of Appeals · 1920
- Merchants' & Manufacturers' Lloyd's Ins. Exch. v. Southern Trading Co. of TexasTexas Commission of Appeals · 1921
- Finleyson Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1914
- Lippman v. Ætna InsuranceSupreme Court of Georgia · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Glens Falls Ins. Co. v. BendyCourt of Appeals of Texas · 1931