Niagara Fire Ins. Co. v. Lollar
Court of Appeals of Texas
Appeal from District Court, Hopkins County ; R. L. Porter, Judge. Action by J. C. Lollar against the Niagara Fire Insurance Company. From a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Hopkins County ; R. L. Porter, Judge. Action by J. C. Lollar against the Niagara Fire Insurance Company. From a judgment for plaintiff, defendant appeals. In his original petition filed August 1,1912, appellee, who was the plaintiff below, alleged that on February 4, 1912, appellant proposed, if he would pay it $35, to insure a house and merchandise situated therein owned by him against loss by fire for a period beginning said February 4th and ending February 4, 1913. He then alleged that he accepted the proposition and paid appellant the $35, and that appellant…
1Opinion of the Court
One of the grounds of the motion for a new trial was the absence of appellant's attorneys from the court at the time the case was tried. It was alleged in the motion that said attorneys resided in Dallas, 85 miles from Sulphur Springs, where the trial was had. The only reason assigned for the absence of the attorneys from the court was that they did not believe the case would be reached for trial as soon as it was reached. It was alleged in the motion that said attorneys on August 15th wrote appellee's attorney advising him they represented appellant and would "forward an answer to the clerk,…
2Cases cited3 opinions
- Cohen v. Continental Fire InsuranceTexas Supreme Court · 1887
- Scottish Union Insurance v. Tomkies & Co.Court of Appeals of Texas · 1902
- Duff v. Fire Ass'nSupreme Court of Missouri · 1895
3Cited by5 opinions
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- Federal Union Ins. Co. v. HardinCourt of Appeals of Texas · 1938
- Commonwealth Bonding & Casualty Ins. Co. v. StearnsCourt of Appeals of Texas · 1916
- Texas Life Ins. Co. v. BlackCourt of Appeals of Texas · 1923
- Texas Life Ins. Co. v. BlackCourt of Appeals of Texas · 1923