Legal Opinion

East Texas Fire Insurance v. Dyches

Texas Supreme Court

Decided May 27, 1881No. Case No. 4353PublishedCited by 33 opinions

Appeal from Travis. Tried below before the Hon. A. S. Walker.

1Opinion of the Court

Gould, Associate Justice.

Dyches, for the use of McDannell & Co., brought suit in Travis district court December 29, 1819, against East Texas Fire Insurance Company for insurance on building, bar-room fixtures and liquors in Llano, Texas, destroyed by fire August 9, 1819.

The petition does not make an exhibit of the policy, nor does it undertake to set forth all of the numerous terms and conditions which are made part of the contract, but which are in the nature of conditions subsequent. Enough of the contract was stated, in connection with facts showing performance or excuse for…

2Cases cited2 opinions

  1. Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
  2. Swift v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1846

3Cited by33 opinions

  1. International Travelers Ass'n v. MarshallTexas Supreme Court · 1938
  2. Kahn v. Traders InsuranceWyoming Supreme Court · 1893
  3. American Ins. Co. of Newark v. MaddoxCourt of Appeals of Texas · 1933
  4. Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
  5. Hamburg-Bremen Fire Insurance v. RuddellCourt of Appeals of Texas · 1904

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