Springfield Fire & Marine Ins. Co. v. Morgan
Court of Appeals of Texas
Error from District Court, Gregg County; Daniel Walker, Judge. . , Suit by T. C. Morgan against the Springfield Fire & Marine Insurance Company. To-review judgment for plaintiff, defendant, brings error. January 4, 1913, plaintiff in error issued' a policy to Mrs. M. A. Tates insuring her in. the sum of $750 -against loss by fire of a. dwelling house she owned. Mrs. Yates aft-erwards sold the house to defendant in error, and on January 22, 1914, assigned the-policy to him.
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Error from District Court, Gregg County; Daniel Walker, Judge. . , Suit by T. C. Morgan against the Springfield Fire & Marine Insurance Company. To-review judgment for plaintiff, defendant, brings error. January 4, 1913, plaintiff in error issued' a policy to Mrs. M. A. Tates insuring her in. the sum of $750 -against loss by fire of a. dwelling house she owned. Mrs. Yates aft-erwards sold the house to defendant in error, and on January 22, 1914, assigned the-policy to him. On the next day thereafter-wards, to wit, January 23, 1914, defendant, in error, in consideration of $500 and two-notes…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). [1, 2] Long before the fire occurred the deed from the Newtons to defendant in error was actually manually delivered by the former to the latter. If when so delivered the deed became effective as a conveyance, it passed the title in the Néwtons to the house to the defendant in error', and so effected “a change in the title of the subject of the insurance” within the meaning of the stipulation in the policy set out in the statement above. If it did that, then the policy ceased, before the fire occurred, to be a binding obligation on the part of…
2Cases cited3 opinions
- Holt v. GordonTexas Supreme Court · 1915
- Fire Ass'n of Philadelphia v. PerryCourt of Appeals of Texas · 1916
- Mechanics' & Traders' Ins. Co. v. DavisCourt of Appeals of Texas · 1914
3Cited by10 opinions
- London Assur. Corporation v. DeanCourt of Appeals of Texas · 1926
- H. D. Dean v. The Pioneer Co-Operative Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1956
- Parker v. SorellCourt of Appeals of Texas · 1921
- Woods v. RollsCourt of Appeals of Texas · 1924
- Home Insurance Company v. BrownleeCourt of Appeals of Texas · 1972
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