Continental Insurance v. Chase
Texas Supreme Court
Application for writ of error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. The material allegations in the application for writ of error are here given: “The Insurance Company was brought into the District Court of Tar-rant County, Texas, by a writ of garnishment applied for by J. W. Swayne with a view of compelling it to pay $3500 to plaintiff in garnishment under the supposition that the garnishee was indebted to E. E. Chase in said…
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Application for writ of error to Court of Civil Appeals for Second District, in an appeal from Tarrant County. The material allegations in the application for writ of error are here given: “The Insurance Company was brought into the District Court of Tar-rant County, Texas, by a writ of garnishment applied for by J. W. Swayne with a view of compelling it to pay $3500 to plaintiff in garnishment under the supposition that the garnishee was indebted to E. E. Chase in said amount by reason of a loss by fire, against which the Insurance Company (garnishee) had insured the said Chase. Chase and…
1Opinion of the Court
GAINES, Chief Justice.
We concur with the Court of Civil Appeals in holding that the second paragraph of the applicant’s answer in the trial court does not aver that by the terms of the policy the making of the proof of loss within sixty days was a condition precedent to a re covery, and therefore think that the court was correct in deciding that the demurrer to that pleading was properly sustained. We are not however prepared to say that the effect of the statute referred to in the opinion was to render such a provision, if it had been contained in the policy, nugatory. However that may be,…
2Cited by6 opinions
- Delaware Underwriters & Westchester Fire Insurance v. BrockTexas Supreme Court · 1919
- Austin v. Ætna Casualty & Surety Co.Texas Commission of Appeals · 1927
- Missouri, Kansas & Texas Railway Co. v. SwartzCourt of Appeals of Texas · 1909
- City Nat. Bank of Lawton, Okl. v. Lummus Cotton Gin Sales Co.Court of Appeals of Texas · 1927
- National Surety Co. v. Queen City Land & Mortgage Co.Supreme Court of Colorado · 1917
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