Legal Opinion

Casey-Swasey Co. v. Manchester Fire Insurance

Court of Appeals of Texas

Decided April 4, 1903PublishedCited by 17 opinions

Appeal from the District Court of Comanche. Tried below before Hon. N. R Lindsey.

1Opinion of the Court

STEPHENS, Associate Justice.

—The property covered by the insurance policy declared on in this case was destroyed by fire January 27, 1902. Z. P. West, who was then owner both of the policy and of the property insured, transferred the policy immediately after the fire to J. T. Meroney, who afterwards assigned it to appellant. Appellee, the company issuing the policy pleaded as grounds of forfeiture, inter alia, breaches of the iron safe clause and of the clause against “fraud and false swearing concerning the insurance or the subject matter thereof, whether before or after the loss.” These…

2Cases cited2 opinions

  1. Waller v. LilesTexas Supreme Court · 1902
  2. Western Assurance Co. of Toronto, Canada v. KemendoTexas Supreme Court · 1901

3Cited by17 opinions

  1. Fant v. SullivanCourt of Appeals of Texas · 1912
  2. Essex v. MitchellCourt of Appeals of Texas · 1915
  3. Arkansas Fertilizer Co. v. City Nat. BankCourt of Appeals of Texas · 1910
  4. Grissom v. LopezCourt of Appeals of Texas · 1926
  5. United States Fidelity & Guaranty Co. v. DowdleCourt of Appeals of Texas · 1924

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