Legal Opinion

Western Assur. Co. v. Hillyer-Deutsch-Jarratt Co.

Court of Appeals of Texas

Decided May 20, 1914No. 5258PublishedCited by 23 opinions

Error from District Court, Bexar County; R. H. Ward, Judge. Action by the Hillyer-Deutsch-Jarratt Company against the Western Assurance Company, C. L. King, and another. Dismissed as to King, and judgment for plaintiff, subrogat-ing defendant Western Assurance Company to its liens against King, and the defendant company brings error.

1Opinion of the CourtMoursund, J.

Hillyer-Deutsch-Jarratt Company, a corporation, sued the Western Assurance Company, R. H. Lindville, and C. L. King, seeking to reform an insurance policy for $2,750 and recover thereon. The policy was issued by Nicholson, Furnish & Smith upon a building in the course of erection upon a lot owned by C. L. King, and named R. H. Lindville as the insured and C. L. King as the mortgagee. It also named King as beneficiary in a loss payable clause, and contained no mention of plaintiff. It was alleged that Lindville had never owned any interest in the building, and that by a mutual mistake his name…

2Cases cited13 opinions

  1. Mitchell v. MitchellTexas Supreme Court · 1891
  2. Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
  3. Miller v. YturriaTexas Supreme Court · 1888
  4. American Freehold Land Mortgage Co. of London v. PaceCourt of Appeals of Texas · 1900
  5. Missouri, Kansas & Texas Railway Co. v. CreasonTexas Supreme Court · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. TurnerTexas Supreme Court · 1977
  2. Swearingen v. SwearingenCourt of Appeals of Texas · 1917
  3. Lee v. Mutual Protective Ass'n of TexasCourt of Appeals of Texas · 1932
  4. Ætna Accident & Liability Co. v. WhiteCourt of Appeals of Texas · 1915
  5. Powers v. Sunylan Co.Texas Commission of Appeals · 1930

18 more not listed; retrieve them via the Exa API.

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