Phoenix Assurance Co. of London v. Stobaugh

Mr. Judge HICKMAN

delivered the opinion of the Commission of Appeals, Section A.

Each party is both plaintiff in error and defendant in error in this court. We shall therefore, for convenience, designate them as they were in the trial court, wherein Stobaugh was plaintiff and the insurance company was defendant. Plaintiff sued defendant upon its policy of fire insurance covering a building owned by him. The judgment of the trial court in favor of plaintiff for the full amount of the policy was reversed by the Court of Civil Appeals and the cause remanded. 62 S. W. (2d) 678.

An issue of fact was…