Dwyer v. Continental Insurance
Texas Supreme Court
Appeal from Austin. Tried below before the Hon. L. W. Moore. Suit by appellant, as assignee of one A. M. White, on a policy of fire insurance of $2,500 issued to White by appellee, upon a stock of goods in Brenham, Texas. A change of venue was taken to Austin county, where the last trial was had. The defense alleged was the fraudulent burning of the goods by White, or by his procurement. Judgment for defendant.
Read the full summary
Appeal from Austin. Tried below before the Hon. L. W. Moore. Suit by appellant, as assignee of one A. M. White, on a policy of fire insurance of $2,500 issued to White by appellee, upon a stock of goods in Brenham, Texas. A change of venue was taken to Austin county, where the last trial was had. The defense alleged was the fraudulent burning of the goods by White, or by his procurement. Judgment for defendant. There were four other policies held by plaintiff as assignee, and upon which suits were pending also against the respective companies. Three of these were for $2,500 each and one for…
1Opinion of the Court
Stayton, Associate Justice.
Under the agreement of the parties, made to facilitate the trial, the sole issues were as to the cause of the fire and the value of the goods lost.
The defense was that the fire was caused by the procurement and consent of the insured, and the evidence tending to support this was circumstantial.
In view of the nature of the defense, and the impossibility of sustaining it by direct proof, the appellee was compelled to resort to the circumstantial evidence found in the record.
In such a case every fact which may throw light upon the transaction, as by illustrating the…
2Cited by6 opinions
- Missouri Pacific Railway Co. v. IvyTexas Supreme Court · 1888
- Cromeenes v. San Pedro, Los Angeles & Salt Lake RailroadUtah Supreme Court · 1910
- Anchor Casualty Company v. BowersCourt of Appeals of Texas · 1964
- Texas & New Orleans Railroad v. MarshallCourt of Appeals of Texas · 1909
- Metropolitan Railroad v. CollinsCourt of Appeals for the D.C. Circuit · 1893
1 more not listed; retrieve them via the Exa API.