Legal Opinion

Simmons v. Western Indemnity Co.

Court of Appeals of Texas

Decided February 15, 1919No. 8996PublishedCited by 13 opinions

Appeal from Cooke County Court; H. S. Holman, Judge. Action by Georgia Simmons and others against the Western Indemnity Company. From a judgment for defendant, plaintiffs appeal.

1Opinion of the CourtBuck, J.

[1] This is an appeal from a judgment for defendant under an instructed verdict. We are not advised as to whether the ground upon which -the peremptory instruction was given was that, in the opinion of the court, the uncontroverted evidence sustained one or more of the defendant’s pleas of limitation, or that the court concluded that the facts showed that the policy was not in force at the time of the insured’s death. In this connection, it may be well to state that in our opinion the fact that the Western Indemnity Company on October 16, 1913, in writing, assumed all the liabilities of the…

2Cases cited12 opinions

  1. Oil Co. v. Van EttenSupreme Court of the United States · 1882
  2. Stanley v. SchwalbyTexas Supreme Court · 1892
  3. Paine v. Central Vermont RailroadSupreme Court of the United States · 1886
  4. Dechter v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1915
  5. Smith v. Wise CountyCourt of Appeals of Texas · 1916

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Wall v. Pennsylvania Life Insurance Co.North Dakota Supreme Court · 1979
  2. Lewis v. HopperCalifornia Court of Appeal · 1956
  3. Taylor v. National Life & Accident Ins. Co.Court of Appeals of Texas · 1933
  4. Commercial Standard Ins. Co. v. LewallenCourt of Appeals of Texas · 1932
  5. American Guardian Insurance Company v. RutledgeCourt of Appeals of Texas · 1966

8 more not listed; retrieve them via the Exa API.

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