Legal Opinion

East Texas Fire Insurance v. Clarke

Texas Supreme Court

Decided December 5, 1890No. 3031PublishedCited by 14 opinions

Appeal from Smith. Tried below before Hon. Felix J. McCord.

1Opinion of the Court

HENRY, Associate Justice.

This suit was brought by James K. Clarke against the East Texas Fire Insurance Company to recover the value of a certain policy issued by said company on a certain steam saw mill, building, and machinery, situated at Millview, Florida.

The only defense urged by the company on the trial in the court below was that after the issuance of the policy James K. Clarke, one of the plaintiffs, had, without the knowledge or consent of the company, executed a mortgage on the property insured, contrary to the terms and conditions of the policy.

Plaintiff in reply to said plea…

2Cases cited2 opinions

  1. Luckett v. TownsendTexas Supreme Court · 1848
  2. Babcock v. HoeySupreme Court of Iowa · 1860

3Cited by14 opinions

  1. Hicksbaugh Lumber Co. v. Fidelity & Casualty Co. of New YorkCourt of Appeals of Texas · 1944
  2. Fire Ass'n of Philadelphia v. PerryCourt of Appeals of Texas · 1916
  3. East Texas Fire Insurance v. James K. Clarke & Co.Court of Appeals of Texas · 1892
  4. Excelsior Foundry Co. v. Western Assurance Co.Michigan Supreme Court · 1904
  5. Ornatowski v. National Liberty Ins. Co. of AmericaMichigan Supreme Court · 1939

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