Ellis-Smith & Co. v. Linebarger

Tom P. Ellis and Dallas Smith, appellants, composing the partnership of Ellis-Smith & Co.., sued J. A. Linebarger, L. J. Hexter, J. B. Adoue, H. W. Dudley, and the Groves-Barnes Lumber Company, a corporation, hereinafter called the Lumber Company.

The facts alleged in the petition, so far as necessary to the decision, in brief, are as follows:

Plaintiffs, as insurance agents, issued various policies of fire insurance in favor of linebarger as owner upon different houses, to each of which policies was attached the standard mortgage clause No. 130, which provides: “Providing that in case the…