North British Mercantile Insurance v. First National Bank

WILLIAMS, Associate Justice.

Appellant issued to Lavender, Hunter & Co., of Tyler, Texas, a policy of insurance against loss by fire on a stock of goods situated in that town. A loss having occurred, and having been proved and adjusted, Lavender, Hunter & Co. assigned to appellee, also resident at Tyler, their policy and all their rights under it. This assignment was made March 7, 1891, and appellant was duly notified of it the same day.

On March 10, 1891, creditors of Lavender, Hunter & Co. sued them in Illinois on a debt, and caused a garnishment to be issued and served on appellant,…