Crescent Ins. v. Camp
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. Edwin Hobby. Suit was brought by James I. Perkins and W. E. Camp, trustees of creditors of ¡N". Ellenstein, against the Crescent Insurance Company, for the value of a policy of insurance for $1,500, issued to H. Ellenstein, on a stock of general merchandise, situate in the town of Alto, Texas, and which was destroyed by fire on the 18th day of ¡March, 1883. The policy was dated September 13,1882. The defendant pleaded a…
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Appeal from Cherokee. Tried below before the Hon. Edwin Hobby. Suit was brought by James I. Perkins and W. E. Camp, trustees of creditors of ¡N". Ellenstein, against the Crescent Insurance Company, for the value of a policy of insurance for $1,500, issued to H. Ellenstein, on a stock of general merchandise, situate in the town of Alto, Texas, and which was destroyed by fire on the 18th day of ¡March, 1883. The policy was dated September 13,1882. The defendant pleaded a general demurrer and general denial, and also special exception to the effect that said petition was defective in that it…
1Opinion of the Court
Robertson, Associate Justice.
This suit was brought by appellees upon a policy of insurance against fire, issued by appellant to ET. Ellenstein, for $1,500, upon a stock of merchandise in store at Alto, Texas. The insured property was consumed by fire on the night of March 17, 1883, and the policy in suit was transferred by Ellenstein to Wernstein & Bro., and by them to the appellees, and these transfers were indorsed on the back of the policy, which was made an exhibit to the plaintiffs’ petition.
As the genuineness of these transfers was not put in issue by a plea under oath, the court below…
2Cases cited2 opinions
- Cox v. ReinhardtTexas Supreme Court · 1874
- Bush v. ClarkMassachusetts Supreme Judicial Court · 1879
3Cited by39 opinions
- Glenn v. Dallas County Bois D'Arc Island Levee DistrictTexas Supreme Court · 1925
- Dial v. MartinCourt of Appeals of Texas · 1931
- Foley v. NorthrupCourt of Appeals of Texas · 1907
- Crescent Insurance v. CampTexas Supreme Court · 1888
- Smith v. WaymanTexas Supreme Court · 1949
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