Legal Opinion
Phoenix Assurance Co. of London v. Stenson
Court of Appeals of Texas
Decided February 10, 1904PublishedCited by 4 opinions
Appeal from the District Court of Falls. Tried below before Hon. Sam E. Scott.
1Opinion of the Court
KEY, Associate Justice.
This is a suit on two fire insurance policies, and resulted in a verdict and judgment for the plaintiff, from which the defendant has prosecuted a writ of error. In order to obtain the right to open and close the argument before the jury, the defendant filed in the court below a written admission under rule 31, admitting that the plaintiff was entitled to recover the amount sued for, unless the defendant established by proof one or more of the defenses affirmatively pleaded by it.
The trial judge instructed the jury to find for the plaintiff, unless it was made to appear…
2Cited by4 opinions
- J. B. Clark & Sons v. Franklin Ins.Supreme Court of Louisiana · 1912
- Fidelity Phenix Fire Ins. Co. of New York v. Abilene Dry Goods Co.Court of Appeals of Texas · 1913
- Westchester Fire Ins. Co. of New York v. DixonCourt of Appeals of Texas · 1928
- Block v. Detroit Fire & Marine InsuranceLouisiana Court of Appeal · 1927