Mecca Fire Ins. Co. v. Smith
Court of Appeals of Texas
Appeal from District Court, Dallas County; J. C. Roberts, Judge. Action by T. I. Smith against the Mecca Fire Insurance Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtBooici-Iout, J.
The appellee sued the appellant in the district court of Dallas county on a fire insurance policy. The court instructed a verdict for the appellee for the full amount of the insurance. Appellant pleaded that the contract was void and the insurance forfeited, in that the plaintiff below was not the unconditional and sole owner of the property at the time of the fire. Appellee answered by supplemental petition that the defendant’s agent, H. B. Jordan,. had knowledge of said incumbrance, that the defendant had waived the provision in the policy, and that it was estopped from setting up a denial…
2Cases cited3 opinions
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- German Insurance v. EverettCourt of Appeals of Texas · 1898
- Crescent Insurance v. CampTexas Supreme Court · 1888
3Cited by14 opinions
- Boston Ins. Co. v. RainwaterCourt of Appeals of Texas · 1946
- Republic Insurance Co. v. Silverton Elevators, Inc.Texas Supreme Court · 1973
- Terry v. Texas Prudential Ins. Co.Court of Appeals of Texas · 1934
- Lee v. Mutual Protective Ass'n of TexasCourt of Appeals of Texas · 1932
- C. M. Fisher v. Indiana Lumbermens Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1972
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