National Union Fire Ins. Co. v. Littlejohn
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action, by E. P. Littlejohn against the National Union Fire Insurance Company, with cross-action by said Company against F. L. Martin and another. From an order transferring the cross-action to another county, said Company appeals. The suit was filed by the appellee Little-john as plaintiff against the appellant insurance company in Harrison county.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action, by E. P. Littlejohn against the National Union Fire Insurance Company, with cross-action by said Company against F. L. Martin and another. From an order transferring the cross-action to another county, said Company appeals. The suit was filed by the appellee Little-john as plaintiff against the appellant insurance company in Harrison county. The petition alleges that the plaintiff resides in Harrison county; that the defendant is a foreign corporation having a local agent upon whom service could be had in Harrison…
1DissentHodges, J.
This suit was filed by Littlejohn, as plaintiff, against the insurance company in Harrison county. The petition alleged that the plaintiff resides in Harrison county; that the defendant is a foreign corporation having a local agent upon whom service could be had in Harrison county. We construe the petition as a suit upon a contract entered into between the plaintiff and the defendant, alleging a breach of that contract by the insurance company alone. The amount sued for is claimed as the damages sustained by the plaintiff as the result of that breach. After denying the material facts alleged…
2Cases cited8 opinions
- Hickman v. SwainTexas Supreme Court · 1914
- Behrens Drug Co. v. Hamilton & McCartyTexas Supreme Court · 1898
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
- Rutledge v. EvansCourt of Appeals of Texas · 1920
- St. Louis Southwestern Railway Co. v. McKnightTexas Supreme Court · 1905
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