Bowers v. Continental Insurance
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P. McLean. This was a suit brought to obtain a personal judgment against one S. E. Brande, and alleging that the debt sued on had been secured by trust deed on certain property which had been destroyed by fire, but which was covered by insurance in the two insurance companies (appellees) to the amount of $2,000, which insurance was payable to Brande, and praying for an original writ of garnishment to be served on J. B.…
Read the full summary
Appeal from Marion. Tried below before the Hon. W. P. McLean. This was a suit brought to obtain a personal judgment against one S. E. Brande, and alleging that the debt sued on had been secured by trust deed on certain property which had been destroyed by fire, but which was covered by insurance in the two insurance companies (appellees) to the amount of $2,000, which insurance was payable to Brande, and praying for an original writ of garnishment to be served on J. B. Littlejohn as the agent of the insurance companies and two other persons. On May 14, 1885, plaintiff filed his motion to…
1Opinion of the Court
Robertson, Associate Justice.
The affidavit for garnishment does not allege that the insurance companies were indebted to the defendant, Brande, but that Littlejohn, as their agent, was. so indebted. The affidavit, therefore, was clearly insufficient. In a garnishment proceeding, the charge of indebtedness should be direct against the very parties sought to be made liable for the plaintiff’s demand. It should not be left to inference or presumption to be drawn from an allegation that another is liable as the garnishee’s agent. This kind of an allegation would not, of course, be allowable in…
2Cases cited1 opinion
- Sun Mutual Insurance v. Geo. Seeligson & Co.Texas Supreme Court · 1883
3Cited by5 opinions
- Texas Co. v. DisneyCourt of Appeals of Texas · 1925
- Canyon Lake Bank v. TownsendCourt of Appeals of Texas · 1983
- National Bank of Commerce of Amarillo v. A. Walker Brokerage Co.Court of Appeals of Texas · 1917
- First National Bank v. RobertsonCourt of Appeals of Texas · 1893
- Texas Co. v. DisneyCourt of Appeals of Texas · 1925