Continental Insurance v. Pruitt
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. F. B. Sexton, special judge. Appellees, plaintiffs below, brought this suit against appellant to recover the sum of $2,500, with interest, on a policy of insurance against loss or damage by fire upon hotel and kitchen furniture, beds, bedding, tables, table-ware, chairs, washstands, bureaus, wardrobes, and other furniture usually kept and used in hotels.
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Appeal from Hunt. Tried below before the Hon. F. B. Sexton, special judge. Appellees, plaintiffs below, brought this suit against appellant to recover the sum of $2,500, with interest, on a policy of insurance against loss or damage by fire upon hotel and kitchen furniture, beds, bedding, tables, table-ware, chairs, washstands, bureaus, wardrobes, and other furniture usually kept and used in hotels. The goods were contained in the three-story metal roof brick building, known as the Ende hotel, situated in Greenville, Texas. The policy was issued by appellant on January 2, 1883. Appellees…
1Opinion of the Court
Stayton, Associate Justice.
If it was important or necessary that the schedule of' property destroyed, which was furnished by Pruitt to his attorney to enable him to make up the proof of loss, should be produced or its non-production accounted for, before the copy made by the witness and attached to the proof of loss could be introduced, we are of the opinion that the proof made was sufficient to show that the original schedule could not be produced.
But we do not see how this could become a material question; the thing to be proved was that proof of loss was made, and an exhibit of the papers…
2Cited by6 opinions
- Finn v. . CassidyNew York Court of Appeals · 1901
- Funk v. MillerCourt of Appeals of Texas · 1911
- Hammer v. JanowitzSupreme Court of Iowa · 1906
- Royal Insurance v. Texas & Gulf Railway Co.Court of Appeals of Texas · 1909
- Davenport v. Texas N. O. R. Co.Court of Appeals of Texas · 1934
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