Home Ins. Co. v. F. C. Flewellen Produce Co.
Texas Commission of Appeals
Error to Court of Civil Appeals of Third Supreme Judicial District. Action by the E. C. Flewellen Produce Company against the Home Insurance Company and others. Judgment for plaintiff was affirmed by the Court of Civil Appeals (221 S. W. 630), and defendants bring error.
1Opinion of the CourtGerman, J.
In this case the facts are not in dispute. Suit was brought by the defendant in error, F. C. Flewellen, to recover upon three insurance policies, one issued September 17,1917, for $2,000, one September 25, 1917, for $2,000, and the other March 23, 1918, for $2,400. Plaintiffs in error sought to avoid the policies for breach of the warranty clauses, which were the usual provisions in lire insurance policies: (a) With reference to the taking of a complete itemized inventory; (b) with reference to the making and keeping of a set of books, presenting a record of the business transacted, including…
2Cases cited17 opinions
- Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
- Camden Fire Ins. Co. v. YarbroughTexas Commission of Appeals · 1919
- McPherson v. Camden Fire Ins. Co.Texas Commission of Appeals · 1920
- Western Assurance Co. of Toronto, Canada v. KemendoTexas Supreme Court · 1901
- City of San Antonio v. PizziniTexas Supreme Court · 1901
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Coppi v. West American InsuranceNebraska Supreme Court · 1994
- Security National Fire Insurance v. Schott Drug Co.Texas Supreme Court · 1939
- Standard Acc. Ins. v. Southwestern Trading Co.Court of Appeals for the Fifth Circuit · 1946
- Provident Fire Ins. Co. v. AshyCourt of Appeals of Texas · 1941
- Security Nat. Fire Ins. Co. v. Schott Drug Co.Court of Appeals of Texas · 1937
5 more not listed; retrieve them via the Exa API.