Kelley-Goodfellow Shoe Co. v. Liberty Insurance
Court of Appeals of Texas
Appeal from Lamar. Tried below before Hon. E. D.. McClelland. 1. The testimony of the witness Hancock, to the effect that the defendant McBath had tried to hire him to burn another building besides the one in which he was doing business, tended to prove no issue in the case, was calculated to prejudice the jury, and should have been excluded. 2. The court erred in permitting the witness George Henley to detail the statements made to him by Duke Cummins, because the same was…
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Appeal from Lamar. Tried below before Hon. E. D.. McClelland. 1. The testimony of the witness Hancock, to the effect that the defendant McBath had tried to hire him to burn another building besides the one in which he was doing business, tended to prove no issue in the case, was calculated to prejudice the jury, and should have been excluded. 2. The court erred in permitting the witness George Henley to detail the statements made to him by Duke Cummins, because the same was hearsay, and was the self-serving declarations of the witness Cummins; and especially was that part of the statement…
1Opinion of the Court
FINLEY, Associate Justice.
The following from appellants’ brief is a substantially correct statement of the case: This suit originated in a garnishment proceeding, as follows: The KelleyGoodfellow Shoe Company sued J. N. McBath in the District Court of Lamar County, and sued out a writ of garnishment against the Liberty Insurance Company, which was duly served, and on February 27, 1892, the garnishee answered under oath, denying the indebtedness to J. N. McBath, on the alleged grounds that no proofs of loss had been furnished in accordance with the policy. April 2, 1892, the answer was duly…
2Cases cited5 opinions
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Wolf v. PerrymanTexas Supreme Court · 1891
- Jones v. FordTexas Supreme Court · 1883
- Pelican Insurance v. WilkersonSupreme Court of Arkansas · 1890
- Sun Insurance v. JonesSupreme Court of Arkansas · 1891
3Cited by12 opinions
- Shawnee Fire-insurance v. KnerrSupreme Court of Kansas · 1905
- Washington Fire Ins. Co. v. CobbCourt of Appeals of Texas · 1914
- Home Ins. Co. v. FlewellenCourt of Appeals of Texas · 1920
- Mechanics' & Traders' Ins. Co. v. DaltonCourt of Appeals of Texas · 1916
- Glens Falls Insurance Company v. ManningCourt of Appeals of Texas · 1962
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