Planters' Mutual Insurance v. S. Lyons, Lindenthal & Co.
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit by the appellees to recover $6000 gold on a policy of insurance (No. 12) upon a stock of goods in Waco, insured 13th of August, 1870. The goods were destroyed by fire on the eighth of April, 1871. The appellants’’ defense rested mainly on the ground that the appellees had procured other and additional insurance without the written consent of the appellants.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit by the appellees to recover $6000 gold on a policy of insurance (No. 12) upon a stock of goods in Waco, insured 13th of August, 1870. The goods were destroyed by fire on the eighth of April, 1871. The appellants’’ defense rested mainly on the ground that the appellees had procured other and additional insurance without the written consent of the appellants. The policy contained, among other stipulations, the following, viz.: “If the assured shall have, or shall hereafter make, any other insurance on the property hereby…
1Opinion of the CourtWalker, J.
This is an action brought to recover on a policy of insurance for $6000, dated August 13, 1870. The appellees insured their goods in the town of Waco, in the company of the appellant, at a four per cent, gold premium. Stock consisted of clothing, boots, shoes and *267dry goods. The insurance was under a continuing policy for one year.
As a part of the contract for insurance it is stipulated, “that if the insured shall have, or shall hereafter make, any other insurance on the property hereby insured, or any part thereof, without the consent of the company written hereon,” then the policy is to be…
2Cases cited6 opinions
- Sheldon v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1856
- N. E. Fire & M. Ins. v. SchettlerIllinois Supreme Court · 1865
- Peck v. New London County Mutual InsuranceSupreme Court of Connecticut · 1852
- Mound City Mutual Fire & Marine Insurance v. CurranSupreme Court of Missouri · 1868
- Deitz v. Mound City Mutual Fire & Life InsuranceSupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Farnum v. Phoenix InsuranceCalifornia Supreme Court · 1890
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
14 more not listed; retrieve them via the Exa API.