Legal Opinion

Independence Indemnity Co. v. Kell

Court of Appeals of Texas

Decided February 18, 1933No. 12778PublishedCited by 4 opinions

1Opinion of the Court

LATTIMORE, Justice.

Appellant issued to appellee a policy of insurance against loss by burglary of the latter’s safe “when all doors of the safe and vault are duly closed and locked by all combinations thereon; provided that such entry shall be made by actual force and violence of which there shall be visible marks made by tools,” etc., “upon the exterior of all of said doors of such safe.”

Appellee’s safe was opened and $1,539 taken therefrom. On a jury trial verdict was for plaintiff, and from judgment thereon defendant appeals.

The only question raised is the sufficiency of the evidence.…

2Cases cited2 opinions

  1. Stooksbury v. SwanTexas Supreme Court · 1893
  2. Thorn's Heirs v. Frazer's HeirsTexas Supreme Court · 1883

3Cited by4 opinions

  1. Southern Underwriters v. WillisCourt of Appeals of Texas · 1937
  2. Straka v. Farmers' Mut. Protective Ass'n of TexasCourt of Appeals of Texas · 1935
  3. Ware v. HowellWest Virginia Supreme Court · 2005
  4. J. M. Radford Grocery Co. v. MatthewsCourt of Appeals of Texas · 1935

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