Phoenix Assurance Co. of London v. Munger Improved Cotton MacHine Manufacturing Co.
Texas Supreme Court
Error- to the Court of Civil Appeals for the Fifth District, in an appeal from Dallas County. The cotton machine company sued the insurance company and recovered judgment against it for loss under a policy of insurance. The insurance company prosecuted writ of error in the Court of Civil Appeals and, on affirmance of the judgment there, obtained writ of error from the Supreme Court.
1Opinion of the Court
DENMAN, Associate Justice.
This suit was brought and judgment recovered by defendants in error, as assignees of B. D. Atwell & Son, against the insurance company upon insurance policy, and judgment having been affirmed in the Court of Civil Appeals, said company has brought the cause to this court upon writ of error. We will set out such portions of the application and policy as we deem pertinent to the questions we will discuss and will omit such parts as are irrelevant thereto.
The application was in substance:
“I hereby make application to you to insure me against loss or damage by fire from…
2Cases cited4 opinions
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Bills v. Hibernia Insurance CompanyTexas Supreme Court · 1895
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Rogers v. Phenix InsuranceIndiana Supreme Court · 1890
3Cited by40 opinions
- Lane v. Travelers Indemnity CompanyTexas Supreme Court · 1965
- Remington v. Fidelity & Deposit Co.Washington Supreme Court · 1902
- Reppond v. National Life Insurance Co. of AmericaTexas Supreme Court · 1907
- Austin Fire Ins. Co. v. PolemanakosTexas Commission of Appeals · 1919
- Delaware Insurance v. HarrisCourt of Appeals of Texas · 1901
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