Liverpool & London & Globe Insurance v. Nations
Court of Appeals of Texas
Error to the County Court of Falls. Tried below before Hon. W. E. Hunnicutt. T. J. Kempner testified: “The furniture was paid for in cash, or she was to pay $25 per month for the house and furniture for twelve months and the furniture was to be hers. I sold her the furniture.
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Error to the County Court of Falls. Tried below before Hon. W. E. Hunnicutt. T. J. Kempner testified: “The furniture was paid for in cash, or she was to pay $25 per month for the house and furniture for twelve months and the furniture was to be hers. I sold her the furniture. I had no writing to that, effect; there was no writing in evidence of my reversion of title in this property that I sold her. ■ I did sell it to her with the understanding that she was to pay $5 per month for twelve months, when the property was to be hers, if you call that a sale. If she failed to pay the monthly…
1Opinion of the Court
KEY, Associate Justice.
This is a suit on a fire insurance policy. The plaintiff was successful in the County Court, and the defendant has brought this case to this court by writ of error.
It is contended that the proof fails to show a contract of insurance. We think the evidence will support a finding that J. F. Grubbs was the company’s agent with authority to issue and deliver the policy without the payment in advance of the premium, and that he did so and bound the company by the contract.
We are also of the opinion that evidence was submitted that will support a 'finding that the plaintiff…
2Cited by3 opinions
- Mutual Fire & Automobile Ins. Co. v. MuckelroyCourt of Appeals of Texas · 1951
- Commercial Standard Ins. Co. v. E. P. McKnight Chevrolet Co.Court of Appeals of Texas · 1931
- Jenschke v. BurgCourt of Appeals of Texas · 1936