Legal Opinion

Southern Underwriters v. Mahan

Court of Appeals of Texas

Decided March 24, 1939No. 5363PublishedCited by 2 opinions

1Opinion of the Court

JOHNSON, Chief Justice.

This suit was filed by D. C. Mahan against the Southern Underwriters to set aside an award of the Industrial Accident Board and to recover compensation on account of injuries sustained in the course of his employment with T. J. Northrup. Trial to a jury resulted in a verdict and judgment for plaintiff. The Southern Underwriters by writ of error have perfected their appeal to this court.

The issues presented are referable to two questions: (1) Did the mere withdrawal (prior to Mahan’s injury) of one of the partners, Jimmie Murphy, from the partnership business forfeit the…

2Cases cited12 opinions

  1. Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
  2. Traders' & General Ins. Co. v. EmmertCourt of Appeals of Texas · 1934
  3. United States Fidelity & Guaranty Co. v. BoothTennessee Supreme Court · 1932
  4. Texas Banking & Insurance v. CohenTexas Supreme Court · 1877
  5. German Alliance Ins. v. Fort Worth Grain & Elevator Co.Court of Appeals of Texas · 1923

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3Cited by2 opinions

  1. H. D. Dean v. The Pioneer Co-Operative Fire Insurance CompanyCourt of Appeals for the Fifth Circuit · 1956
  2. Traders & General Insurance Co. v. LangeCourt of Appeals of Texas · 1962

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