United States Fidelity and Guaranty Co. v. London

I am in agreement with the opinion of Mr. Justice GRIFFIN. However, the dissent of the Chief Justice raises certain matters which may properly be discussed. The conclusion is expressed in this dissent that the two clauses of the paragraph in question1 are utterly incompatible and repugnant and hence the entire paragraph should be declared meaningless and void.

To me this is a stare decisis case and “we do not write on a clean slate.” Massachusetts v. United States, 333 U.S. 611, 68 S.Ct. 747, 92 L.Ed. 968. Much of what was recently said by us in Moss v. Gibbs, Tex.Sup., 370 S.W.2d 452 (1963)…