East Texas Fire Insurance v. Kempner
Court of Appeals of Texas
This case was previously before the court upon an appeal from a judgment recovered by plaintiff in the lower court. It was then found as a fact that there was a temporary vacancy of the insured premises, which, however, was held by this court not to avoid the policy. Insur-' anee Co. v. Kempner, 25 S. W. Rep., 999. Hpon writ of error this, ruling was reversed by the Supreme Court.
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This case was previously before the court upon an appeal from a judgment recovered by plaintiff in the lower court. It was then found as a fact that there was a temporary vacancy of the insured premises, which, however, was held by this court not to avoid the policy. Insur-' anee Co. v. Kempner, 25 S. W. Rep., 999. Hpon writ of error this, ruling was reversed by the Supreme Court. (87 Texas, 229-238.) On a second trial, other evidence was introduced, which is here held to sustain a finding that the premises were not, in fact, vacant. An application for a writ of error upon this judgment was…
1Opinion of the Court
FISHER, Chief Justice.
This suit was originally instituted by H. Kempner to recover on a fire insurance policy issued by the East Texas Fire Insurance Company on a store house in Giddings, Texas, which was destroyed by fire on the 8th of November, 1891.. Pending the suit H. Kempner died, and his surviving wife, Mrs. Eliza Kempner, made herself a party and prosecuted the suit to judgment.
The insurance company interposed the following special defenses:
1. That the policy was void on account of a change of occupancy of the building insured, without the knowledge or consent of the company.
2. That…
2Cases cited19 opinions
- East Texas Fire Insurance v. KempnerTexas Supreme Court · 1894
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Cummins v. . Agricultural Insurance Co.New York Court of Appeals · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- National Union Fire Ins. Co. of Pittsburgh v. RichardsCourt of Appeals of Texas · 1927
- Royal Exch. Assur. v. ThrowerCourt of Appeals for the Fifth Circuit · 1917
- Schaffer v. Hampton Farmers Mutual Fire InsuranceSupreme Court of Minnesota · 1931
- Royal Exch. Assurance of London v. ThrowerDistrict Court, N.D. Georgia · 1917
- Gemmy Industries Corp. v. Alliance General InsuranceDistrict Court, N.D. Texas · 1998
3 more not listed; retrieve them via the Exa API.