Sun Mutual Insurance v. Mattingly & Rickets

GAINES, Associate Justice.

—This suit was brought on a policy of insurance executed by appellant to Henry & Dickerson on certain real and personal property. The appellees became the owners of the claim during the progress of the suit, and without objection made themselves parties plaintiff in the action and prosecuted it to judgment in their favor.

On the 29th of October, 1884, the insured property was destroyed by fire. The policy stipulated that "persons sustaining loss or damage by fire shall forthwith give notice thereof in writing to the company, and as soon thereafter as possible they…