Merchants' Mutual Insurance v. Lacroix
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought on a policy of insurance issued by appellant to Lacroix. The loss occurred August 11,1867, and suit was brought November 30,1868. The 17th condition of the policy provided: “All claims under this policy are barred unless prosecuted within one year from date of loss.”
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. This suit was brought on a policy of insurance issued by appellant to Lacroix. The loss occurred August 11,1867, and suit was brought November 30,1868. The 17th condition of the policy provided: “All claims under this policy are barred unless prosecuted within one year from date of loss.” The case was submitted to the court, and judgment was rendered for Lacroix, overruling the plea of limitation under the above clause, and holding that by prosecution of the claim was meant its presentation to the company. The Supreme Court…
1Opinion of the Court
Roberts, Chief Justice.
The exceptions to the evidence offered by appellee, because it contradicted that offered by appellant on the subject of waiver, was not well taken. It was not an attempt to impeach the witness of appellant, by showing, for that purpose, that he had made different statements at another time than those contained in his testimony in the case.
The real question in the case relates to the provision in the policy of insurance, which reads as follows, to wit: “ All claims under this policy are barred, unless prosecuted within one year from date of loss. No claim for loss to…
2Cited by31 opinions
- United States Fidelity & Guaranty Co. v. Bimco Iron & Metal Corp.Texas Supreme Court · 1971
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- San Antonio Real Estate Building & Loan Ass'n v. StewartTexas Supreme Court · 1901
- East Texas Fire Insurance v. BrownTexas Supreme Court · 1891
- Kansas City Life Ins. Co. v. ElmoreCourt of Appeals of Texas · 1920
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