Merchants' Mutual Insurance v. Lacroix
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. George E. Scott. The facts of the case, so far as they are material, are ■stated or indicated in the opinions. This cause was first decided by this court in March, 1871, when the opinion of the majority of the court was delivered by Mr. Justice Walker, and a dissenting •opinion by Presiding Judge Evans.
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Appeal from Galveston. Tried below before the Hon. George E. Scott. The facts of the case, so far as they are material, are ■stated or indicated in the opinions. This cause was first decided by this court in March, 1871, when the opinion of the majority of the court was delivered by Mr. Justice Walker, and a dissenting •opinion by Presiding Judge Evans. A rehearing, however, was granted on motion of the appellee, and the case was continued until the term of 1871-2, when the judgment was reversed and the cause remanded.
1Opinion of the CourtWalker, J.
This is an action on a policy of insurance, which contained the following clause, “Thatall claims under this policy are barred unless prosecuted within one year from date of loss.”
The petition was filed on the third of November, 1868, and it avers that the loss occurred on the eleventh of August, 1867.
The appellant, who was defendant in the district court, demurred to the petition on the eleventh of December, 1868. On the fifth of January, 1869, it filed an amended answer, setting up a special' limitation of the action under the seventeenth clause of the policy sued on. On the trial the…
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