Aetna Insurance v. Holcomb
Texas Supreme Court
1. Absence of Findings of Facts by Court of Civil Appeals. Error to Court of Civil Appeals for Second District, in an appeal from Denton County. Suit by Holcomb against the insurance company to recover loss by fire upon a policy on personal property. Defendant set up the existence of a. chattel mortgage against the property and a condition in the policy making it void in such case.
Read the full summary
1. Absence of Findings of Facts by Court of Civil Appeals. Error to Court of Civil Appeals for Second District, in an appeal from Denton County. Suit by Holcomb against the insurance company to recover loss by fire upon a policy on personal property. Defendant set up the existence of a. chattel mortgage against the property and a condition in the policy making it void in such case. Plaintiff recovered judgment, and defendant appealing, this was affirmed by the Court of Civil Appeals, whereupon appellant procured writ of error.
1Opinion of the Court
BROWN, Associate Justice.
L.E. Holcomb filed his petition in the District Court of Denton County against the defendant insurance company, alleging it to be a corporation doing business in this State, with an office and agent in the County of Denton. The petition alleged that on July the 5th, 1893, the defendant, in consideration of the sum of $43.10-paid to it, by the plaintiff, executed and delivered to the plaintiff a certain policy of insurance, duly signed by the proper officers of the company, by which policy the defendant insured the plaintiff for the term of one year against all loss or…
2Cases cited17 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Goddard v. East Texas Fire InsuranceTexas Supreme Court · 1886
- Liverpool & London & Globe Insurance v. EndeTexas Supreme Court · 1885
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
12 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Indemnity Insurance v. W. L. Macatee & SonsTexas Supreme Court · 1937
- Indemnity Ins. Co. of North America v. W. L. Macatee & SonsTexas Commission of Appeals · 1937
- Wagner & Chabot v. Westchester Fire InsuranceTexas Supreme Court · 1899
- Great American Casualty Co. v. EichelbergerCourt of Appeals of Texas · 1931
52 more not listed; retrieve them via the Exa API.