Frank I. Abbott Lumber Co. v. Home Ins.
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; T. C. W. Ellis (in 20764) and Fred D. King (in 20765), Judges. Actions by the Frank I. Abbott Lumber Company against the Home Insurance Company, and by the same plaintiff against the iEtna Insurance Company. From judgments for plaintiff, defendants appeal.
1Opinion of the CourtProyosty, J.
These two consolidated suits are upon policies of fire insurance (quoting from policies):
“On stock of lumber, laths, shingles, posts and other timber products, their own or held by them in trust or on commission, or sold but not delivered, and for which assured may be legally liable; all while contained only in yard of the Red Cross Lumber Company situated at Red Cross on the Texas & Pacific Railroad, in the parish of Pointe Coupee, Louisiana.”
" The defense is that the plaintiff company did not “own” this property, nor “hold it in trust, or on commission,” nor “had sold but not delivered” it;…
2Cases cited4 opinions
- Louis Werner Sawmill Co. v. O'SheeSupreme Court of Louisiana · 1904
- Tiernan v. MartinSupreme Court of Louisiana · 1842
- Clark v. ComfordSupreme Court of Louisiana · 1893
- Kleinpeter v. HarriganSupreme Court of Louisiana · 1869
3Cited by2 opinions
- Kohler v. Huth Const. Co.Supreme Court of Louisiana · 1929
- William M. Gillespie, Sr. v. W. A. Ranson Lumber CompanyCourt of Appeals for the Fifth Circuit · 1956