Ragley Lumber Co. v. Insurance Co. of North America
Court of Appeals of Texas
In the absence of findings of fact by the trial court the Appellate Court will impute to the trial court such a finding on any issue of fact, if supported by the evidence, as will support the judgment. Evidence considered, and held to support a finding by the trial court that a policy of insurance was cancelled before the loss occurred. Appeal from the District Court of Gregg County. Tried below before Hon. Richard B. Levy.
1Opinion of the Court
REESE, Associate Justice.
This is a suit instituted by appellant to recover upon a policy of fire insurance upon its saw mill property. The policy was for $5,000 and the amount claimed is $1,550. The policy was issued by the appellee on December 19, 1902, and insured appellant’s property for one year from that date. The property insured was destroyed by fire on August 5, 1903.
It is claimed by.appellee that the policy was cancelled on July 23, 1903.
Upon trial, without a jury, judgment was rendered for defendant, and the plaintiff appeals.
There are no findings of fact, but we gather from…
2Cases cited4 opinions
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
- Woods v. HullTexas Supreme Court · 1896
- Kooistra v. Rockford InsuranceMichigan Supreme Court · 1900
- Train v. . Holland Purchase Ins. Co.New York Court of Appeals · 1877
3Cited by5 opinions
- Polemanakos v. Austin Fire Ins. Co.Court of Appeals of Texas · 1913
- Ben C. Jones & Co. v. Gammel-Statesman Pub. Co.Court of Appeals of Texas · 1911
- Southern Wells Sales Co. v. EasthamCourt of Appeals of Texas · 1915
- McMahon v. KirbyCourt of Appeals of Texas · 1923
- Ben C. Jones & Co. v. Gammel-Statesman Pub. Co.Court of Appeals of Texas · 1911