National Surety Co. v. Silberberg Bros.
Court of Appeals of Texas
Appeal from County Court, El Paso County; A. S. J. Eylar, Judge. Action by Silberberg Bros, against the National Surety Company. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtHarper, C. J.
This is a suit on an indemnity contract against burglary for the value of merchandise feloniously abstracted from appellees’ store. Tried by court with jury, and verdict and judgment for $197.05, from which this appeal is perfected.
Appellant by his assignments proposes, as we view them, only two questions for our determination: (1) Does the evidence as to the commission of a burglary bring appel-lees’ case within the provision of the policy that there should be visible marks upon the premises of the actual force and violence used in making the entry? (2) Does the evidence adduced satisfy the…
2Cases cited4 opinions
- Brown v. Palatine Insurance Co.Texas Supreme Court · 1896
- Royal Casualty Co. v. NelsonCourt of Appeals of Texas · 1913
- Aetna Insurance v. FitzeCourt of Appeals of Texas · 1904
- London & Lancashire Fire Insurance Co. of Liverpool, England v. DavisCourt of Appeals of Texas · 1904
3Cited by23 opinions
- Atwater Creamery Co. v. Western National Mutual Insurance Co.Supreme Court of Minnesota · 1985
- National Surety Co. v. ChalkleyCourt of Appeals of Texas · 1924
- Missouri State Life Ins. Co. v. HearneCourt of Appeals of Texas · 1920
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Limberis v. Aetna Casualty and Surety CompanySupreme Judicial Court of Maine · 1970
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