Queen Insurance v. Jefferson Ice Co.
Texas Supreme Court
Appeal from Marion. Tried below before the Hon. W. P. McLean. The appellee, on April 7, 1885, filed suit in the district court of Marion county, Texas, against appellant, on a fire insurance policy issued by appellant.
Read the full summary
Appeal from Marion. Tried below before the Hon. W. P. McLean. The appellee, on April 7, 1885, filed suit in the district court of Marion county, Texas, against appellant, on a fire insurance policy issued by appellant. The petition of appellee alleged in substance: That on the 8th day of October, 1884, it was the owner of certain lots in Jefferson, together with the building thereon situated, and an ice machine with all its attachments and apparatus, situated in the building; that it had on storage a lot of beer in kegs; that the building was worth the sum of $1,500, the beer in kegs was…
1Opinion of the Court
Stayton, Associate Justice.
The policy sued upon in this case covered property personal and real; the different items of property covered by the policy, as well as the amount of insurance on each, being stated.
The policy provided, in the event of loss, the insured should bear one-fourth of the loss, and that in the event of other insurance, which could be made only with the consent of the insurer, the company should only be liable for its proportion of three-fourths of the cash market value at the time of the fire.
There was insurance of $500 on a house, under the policy issued by the…
2Cases cited2 opinions
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
3Cited by47 opinions
- Crisp v. Security National Insurance CompanyTexas Supreme Court · 1963
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Delaware Underwriters & Westchester Fire Insurance v. BrockTexas Supreme Court · 1919
- Commercial Union Assurance Co. v. PrestonTexas Supreme Court · 1926
- Parker v. SchrimsherCourt of Appeals of Texas · 1914
42 more not listed; retrieve them via the Exa API.