Legal Opinion

Halifax Fire Ins. Co. v. Felton

Court of Appeals of Texas

Decided December 31, 1937No. 8565Published

1Opinion of the Court

McCLENDON, Chief Justice.

Suit upon a $500 policy insuring a building against loss by fire. The appeal is from a judgment for plaintiff upon a directed verdict.

Four-points are presented:

1. There was no evidence of the amount of the loss or that the building was a total loss under the valued policy statute.

2. There was no evidence that plaintiff was the sole and unconditional owner of the property.

3. There was no pleading or evidence that the loss was not occasioned by one or more of the excepted risks.

4. The judgment improperly awarded interest from the date of the loss, instead of from sixty…

2Cases cited4 opinions

  1. Watkins v. JunkerTexas Supreme Court · 1897
  2. Boswell v. PannellTexas Supreme Court · 1915
  3. American Ins. Co. of Newark v. MaddoxCourt of Appeals of Texas · 1933
  4. Buelin v. SmithCourt of Appeals of Texas · 1927

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