Legal Opinion

Niagara Fire Ins. Co. v. Mitchell

Court of Appeals of Texas

Decided February 25, 1914PublishedCited by 7 opinions

Appeal from Hidalgo County Court; James H. Edwards, Judge. Action by T. W. Mitchell against the Niagara Pire Insurance Company. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtPly, C. J.

Appellee sued appellant to recover on a fire insurance policy for $1,000, of which sum $500 was on a one-story frame building, and the other $500 on a store, office furniture, and fixtures, and recovered judgment for the amount sued for. The property was consumed by fire on April 7, 1913. On March 15, 1913, the agent of ap pellant told appellee that his principal had ordered him to cancel the policy, and tendered him a check for the unearned premium. Appellee refused the check, and told the agent he would not accept a check for the unearned premium. On March 21st appellee received a letter…

2Cases cited4 opinions

  1. Phoenix Assurance Co. of London v. Munger Improved Cotton MacHine Manufacturing Co.Texas Supreme Court · 1898
  2. Hartford Fire Insurance v. CameronCourt of Appeals of Texas · 1898
  3. Polemanakos v. Austin Fire Ins. Co.Court of Appeals of Texas · 1913
  4. Lampasas Hotel & Park Co. v. Home InsuranceCourt of Appeals of Texas · 1897

3Cited by7 opinions

  1. Fillion v. David Silvers Co.Court of Appeals of Texas · 1986
  2. Austin Fire Ins. Co. v. PolemanakosTexas Commission of Appeals · 1919
  3. Mangrum & Otter Inc. v. Law Union & Rock Insurance Co.California Supreme Court · 1916
  4. US Insurance Company v. BrownCourt of Appeals of Texas · 1955
  5. St. Paul Fire & Marine Ins. Co. v. ClarkCourt of Appeals of Texas · 1917

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