British & Foreign Marine Insurance v. Gulf, C. & S. F. R'y Co.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On the 16th of November, 1883, the appellant brought suit against the Gulf, Colorado & Santa Fe Bailroad Company for the value of cotton received by the latter company, December 5, 1882, from Z. Maurey & Co., and which the railway, as a common carrier, undertook to carry and deliver to Z. Maurey & Co., at Havre, France.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On the 16th of November, 1883, the appellant brought suit against the Gulf, Colorado & Santa Fe Bailroad Company for the value of cotton received by the latter company, December 5, 1882, from Z. Maurey & Co., and which the railway, as a common carrier, undertook to carry and deliver to Z. Maurey & Co., at Havre, France. The cotton was destroyed by fire, it was charged, through the negligence of the railway company after the transit commenced. The insurance company, on the 5 th day of December, 1882, issued a policy of…
1Opinion of the Court
Willie, Chief Justice.
The important question in this case arises out of the provision contained in the bill of lading executed by the appellees to Z. Maurey & Co., to the effect that, in case the property was destroyed, the carrier liable for the loss should have the full benefit of any insurance effected upon or on account of said property.
The question is, whether or not, with that reservation in the bill of lading, the appellant, in whose company the insurance had been effected, can recover from the railroad company the value of the cotton destroyed after having paid the same to the shipper.
2Cases cited2 opinions
- Mercantile Mutual Insurance Company v. . CalebsNew York Court of Appeals · 1859
- Van Natta v. Mutual Security InsuranceThe Superior Court of New York City · 1849
3Cited by6 opinions
- International Insurance Co. v. Medical-Professional Building of Corpus ChristiCourt of Appeals of Texas · 1966
- Insurance Co. of North America v. EastonTexas Supreme Court · 1889
- Maryland Motor Car Ins. Co. v. Haggard.Court of Appeals of Texas · 1914
- Gulf, Colorado & Santa Fe Railway Co. v. J. Zimmerman & Co.Texas Supreme Court · 1891
- Missouri Pacific Railway Co. v. International Marine InsuranceTexas Supreme Court · 1892
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