Texas Banking & Insurance v. Stone
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This is an action brought by Stone, in the District Court of Galveston county, February 11,1873, on a policy of insurance issued by the Texas Banking and Insurance Company, February 17,1872. The policy, in the usual form, bound the appellant to insure the plaintiff against loss or damage by fire for one year from its date, February 17,1872, on “ his stock of stoves and fixtures, and such other merchandise as…
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This is an action brought by Stone, in the District Court of Galveston county, February 11,1873, on a policy of insurance issued by the Texas Banking and Insurance Company, February 17,1872. The policy, in the usual form, bound the appellant to insure the plaintiff against loss or damage by fire for one year from its date, February 17,1872, on “ his stock of stoves and fixtures, and such other merchandise as is usually kept in a hardware store, all contained in the one and two story metal-roof frame building, situated on…
1Opinion of the Court
Moore, Associate Justice.
The first question presented for our consideration iu this case, is whether the policy of insurance upon which this action is brought imports a warranty that the house in which the property insured was stored at the. date of the policy was used and occupied in no other maimer than that stated in the policy. It is not said in the policy that the contract of insurance is made by the insurer upon the condition, or an express warranty of the insured, that the house was used for no other purpose, and occupied in no other manner than stated in the policy. But,…
2Cases cited13 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Hall v. JacksonTexas Supreme Court · 1848
- Frost v. Saratoga Mutual InsuranceNew York Supreme Court · 1848
- Combs v. Hannibal Savings & InsuranceSupreme Court of Missouri · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Aetna Insurance Co., of Hartford v. BrannonTexas Supreme Court · 1905
- East Texas Fire Insurance v. BrownTexas Supreme Court · 1891
- Harvey v. CummingsTexas Supreme Court · 1887
- Boston Ins. Co. v. RainwaterCourt of Appeals of Texas · 1946
- Henry v. Roe & BurnsideTexas Supreme Court · 1892
25 more not listed; retrieve them via the Exa API.