East Texas Fire Insurance v. Flippen

LIG-HTFOOT, Chief Justice.

In this case there are a number of assignments of error and many points raised in a voluminous transcript of nearly two hundred pages; but from the view we take of the case it will only be necessary to consider a few of them.

The suit was brought by M. V. Flippen on a policy of fire insurance for §2500. The plaintiff died pending the suit, and his widow and only heir, J. V. Flippen, became plaintiff. One of the defenses set up by the de fendant company was, that the assured, at the time the policy was issued,, already held additional insurance beyond the amount…