Liverpool & London & Globe Insurance v. Joy
Court of Appeals of Texas
Error to Kaufman. Tried below before Hon. J. E. Dillárd. Joy sued the insurance company and recovered judgment from which defendant prosecuted writ of error.
1Opinion of the Court
KEY, Associate Justice.
M. A. Joy brought his suit as assignee of C. Van Ordstrand upon a policy of fire insurance for $4000. The company interposed four different defenses, one being that Van Ordstrand procured one Albert Collins to burn the building. The trial court submitted these several issues to the jury, and then instructed them in these words: “The jury are instructed that the burden of proof .rests upon the defendant to establish by a preponderance of the evidence some one of its pleas set up to defeat plaintiff’s cause of action, and if it has failed to so establish any of them your…
2Cases cited3 opinions
- Baker v. AsheTexas Supreme Court · 1891
- San Antonio & Aransas Pass Ry. Co. v. RobinsonTexas Supreme Court · 1889
- Texas & New Orleans Railway Co. v. ConroyTexas Supreme Court · 1892
3Cited by3 opinions
- Anchor Casualty Company v. BowersCourt of Appeals of Texas · 1964
- American Ins. Co. of Newark, N. J. v. GregoryCourt of Appeals of Texas · 1934
- Anchor Casualty Company v. BowersCourt of Appeals of Texas · 1964