East Texas Fire Ins.v. Coffee
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit brought on a policy of insurance to Coffee & Pearson, and transferred, by consent of defendant, to Coffee, and to recover the amount of loss occasioned by fire to a stock of goods insured thereby, alleged to have been burned.
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Appeal from Galveston. Tried below before the Hon. W. H. Stewart. Suit brought on a policy of insurance to Coffee & Pearson, and transferred, by consent of defendant, to Coffee, and to recover the amount of loss occasioned by fire to a stock of goods insured thereby, alleged to have been burned. The defendant pleaded demurrers general and special; that the suit was brought prematurely; that plaintiff had not complied with the conditions of the policy in failing to furnish defendant with preliminary proofs, particular statement of loss, as required by defendant under the terms of the policy;…
1Opinion of the Court
Stayton, Associate Justice.—
This action was brought by Coffee May 17, 1882, to recover on a policy of insurance against fire, issued by the appellant to Coffee & Pearson, on October 29, 1881, which, with consent of appellant, was transferred by Coffee & Pearson to appellee on January 21, 1881.
The action is brought by the appellee in his own name and right, .as owner of the policy, but the evidence develops the fact that after -the loss the appellee assigned the policy to George Seeligson & Co., *290probably as collateral security for a debt due by him to that company.
The exact manner in which the…
2Cases cited5 opinions
- New York Life Insurance v. FlackCourt of Appeals of Maryland · 1852
- Carter v. Humboldt Fire InsuranceSupreme Court of Iowa · 1861
- Archer v. Merchants' & Manufacturers' InsuranceSupreme Court of Missouri · 1869
- Wetmore v. City of San FranciscoCalifornia Supreme Court · 1872
- Edwards v. Baltimore Fire InsuranceCourt of Appeals of Maryland · 1845
3Cited by38 opinions
- Federal Surety Co. v. SmithTexas Commission of Appeals · 1931
- Scottish Union & National Insurance v. ClancyTexas Supreme Court · 1888
- Kelley v. Bluff Creek Oil CompanyTexas Supreme Court · 1958
- Ashcraft v. Lookadoo, Texas Court of Appeals, 5th District (Dallas)1997
- Commercial Union Assurance Co. v. PrestonTexas Supreme Court · 1926
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