Legal Opinion

Norwich Union Fire Ins. Society v. Dalton

Court of Appeals of Texas

Decided November 5, 1914No. 5398Published

Error from District Court, McLennan County; Richard I. Munroe, Judge. Action by Orate Dalton against the Norwich Union Fire Insurance Society. Judgment for plaintiff, and defendant brings error.

1Opinion

On Motion for Rehearing.

[2] It is for the court, and not for the parties, to construe the meaning of the language used by them in making a contract. Such being the case, and there being no dispute as to the language used by the parties, we held on a former day of this term that the insurance agents were not authorized to cancel the binder in the North British & Mercantile Company, and substitute therefor a binder in plaintiff in error company. But the ordinary meaning of language may be’ varied by the general usage in a particular business. On motion for rehearing our attention has been…

2Cases cited13 opinions

  1. Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
  2. Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
  3. Insurance Co. v. ChaseSupreme Court of the United States · 1867
  4. Dibble v. Northern Assurance Co.Michigan Supreme Court · 1888
  5. M. Arnfeld & Son v. Guardian Assurance Co. of LondonSupreme Court of Pennsylvania · 1896

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