Legal Opinion

Westchester Fire Ins. Co. v. McMinn

Court of Appeals of Texas

Decided June 15, 1916No. 1656PublishedCited by 9 opinions

Error from District Court, Franklin County; H. F. O’Neal, Judge. Action by M. W. McMinn against the West-chester Fire Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtLevy, J.

The action is by appellee against appellant upon three policies of fire insurance. A policy is for $3,000, dated December 2, 1914, covering a stock of general merchandise and store fixtures; a policy is for $500, dated January 4, 1915, covering dry goods; a policy is for $1,500, dated January 8, 1915, covering dry goods. The insured property was destroyed by fire on January 17, 1915. The court instructed the jury to return a verdict for the plaintiff in an amount not to exceed three-quarters of the cash value of the merchandise and fixtures.

The court sustained the plaintiff’s demurrer to the…

2Cases cited2 opinions

  1. Commonwealth Ins. Co. of New York v. FinegoldCourt of Appeals of Texas · 1916
  2. Polemanakos v. Austin Fire Ins. Co.Court of Appeals of Texas · 1913

3Cited by9 opinions

  1. McPherson v. Camden Fire Ins. Co.Texas Commission of Appeals · 1920
  2. Automobile Insurance Co. of Hartford, Conn. v. Southern Transp. Co.Court of Appeals of Texas · 1937
  3. Merchants' & Mfrs.' Lloyds' Ins. Exch. v. Southern Trading Co. of TexasCourt of Appeals of Texas · 1918
  4. Alliance Ins. Co. v. Continental Gin Co.Court of Appeals of Texas · 1925
  5. Camden Fire Ins. Ass'n v. JenningsCourt of Appeals of Texas · 1936

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