Legal Opinion

Aetna Insurance v. Fitze

Court of Appeals of Texas

Decided January 7, 1904PublishedCited by 10 opinions

Error from the District Court of Harris. Tried below before .Hon. W. P. Hamblen.

1Opinion of the Court

GARRETT, Chief Justice.

W. E. Eitzé brought this action against the Aetna Insurance Company to recover upon three policies of fire insurance amounting to $4500. The defense was the failure of the assured to comply with certain stipulations of the policies known as the “iron safe clause,” requiring the taking of inventories, the keeping and preservation of a set of books showing a complete record of the business transacted, including purchases and sales and shipments, and the production after the fire of the two last inventories taken and the books as required. There was a jury trial which…

2Cases cited2 opinions

  1. Niagara Insurance v. LeeTexas Supreme Court · 1889
  2. Sun Mutual Insurance v. Mattingly & RicketsTexas Supreme Court · 1890

3Cited by10 opinions

  1. Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
  2. National Surety Co. v. Silberberg Bros.Court of Appeals of Texas · 1915
  3. First National Bank v. ClelandCourt of Appeals of Texas · 1904
  4. Ætna Insurance v. JohnsonSupreme Court of Georgia · 1907
  5. Lumbermen's Mut. Ins. Co. of Mansfield v. Johnson Lumber Co.Court of Appeals for the Fifth Circuit · 1931

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