Legal Opinion

Insurance Company v. Eastman

Texas Supreme Court

Decided November 4, 1901No. 1034PublishedCited by 59 opinions

Error to tho Court of Civil Appeals for the Fifth District, in an appeal from Hunt County. Eastman sued the insurance company and recovered judgment which was affirmed on appeal by defendant, who thereupon obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by the defendant in error to recover of plaintiff injerror the sum of $1600 upon a policy of insurance against fire upon a certain house belonging to the insured. There was a verdict and judgment in favor of the defendant in error, which, upon appeal, was affirmed by the Court of Civil Appeals.

The Court of Civil Appeals in their opinion, after stating the nature of the suit, make the following statement of the case as bearing upon the first assignment of error:

“The defendant plead that the policy had been forfeited by reason of the plaintiff…

2Cases cited4 opinions

  1. Barkly v. CopelandCalifornia Supreme Court · 1887
  2. Gus. Lewy & Co. v. FischlTexas Supreme Court · 1886
  3. State v. FlintSupreme Court of Vermont · 1888
  4. Jamison v. GardnerTexas Supreme Court · 1874

3Cited by59 opinions

  1. Skillern & Sons, Inc. v. RosenTexas Supreme Court · 1962
  2. McInnes v. Yamaha Motor Corp., U.S.A.Texas Supreme Court · 1984
  3. Gulf, Colorado & Santa Fe Railway Co. v. MatthewsTexas Supreme Court · 1906
  4. Whitener v. Traders and General Ins. Co.Texas Supreme Court · 1956
  5. Parker v. SchrimsherCourt of Appeals of Texas · 1914

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