International Brotherhood of Boiler Makers v. Rodriguez
Court of Appeals of Texas
1DissentSutton, Justice
It seems to me this case should not be reversed as against the Insurance Company on the ground there was no proof it insured against the loss claimed by the plaintiff. Both defendants are represented by the same counsel and make the same answer and defenses, and in their joint cross-action seek the same relief. It seems to me a fair construction of their joint answer and cross-action is they admit the Insurance Company insured against the loss the plaintiff sued for. They repeat in both the answer and cross-action, these defendants “say that the allegations hereinafter stated are true.” They…
2Cases cited2 opinions
- Caulk v. AndersonTexas Supreme Court · 1931
- Hubberd v. Crude Oil Marketing & Trading Co.Court of Appeals of Texas · 1938