New York Underwriters Ins. Co. v. Brittain

COMBS, Justice.

Appellee was plaintiff and appellant defendant in the court below, and for convenience we will' designate the parties as in the trial court.

Plaintiff, F. H. Brittain, filed this suit against the defendant in the district court of Shelby county, Tex., upon a policy of fire insurance issued by the defendant to R. U. Fitts, covering a dwelling -house belonging to Fitts in the town of Center. Plaintiff alleged that on December 22,1931, Fitts conveyed the insured premises to him, together with the policy of insurance in question; that he on the same day notified the defendant’s…