Merchants' & Mfrs.' Lloyds' Ins. Exch. v. Southern Trading Co. of Texas
Court of Appeals of Texas
Appeal from District Court, Tarrant County; R. E. L. Roy, Judge. Suit by the Southern Trading Company of Texas against the Merchants’ & Manufacturers’ Lloyd’s Insurance Exchange and others. From a decree for plaintiff, defendants appeal.
1DissentBuck, J.
It is with some reluctance that I enter my dissent from some of the conclusions reached by my Brethren, but, afteir mature reflection, I cannot concur in the view of majority that the trial court properly entered judgment in this case against each of the defendants cited for the full amount of the recovery. I can see no reason why the express stipulation in the contract of insurance that the personal liability of the several underwriters should not extend beyond the percentage specified should not be given full effect. The policies upon which plaintiff sued provided:
“That each of the…
2Cases cited3 opinions
- Sergeant v. Goldsmith Dry Goods Co.Court of Appeals of Texas · 1913
- McAllister v. HoadleyDistrict Court, S.D. New York · 1896
- Sumner v. PizaDistrict Court, S.D. New York · 1899