Legal Opinion

Mechanics' & Traders' Ins. Co. v. Dalton

Court of Appeals of Texas

Decided October 19, 1916No. 5497. [fn*]PublishedCited by 10 opinions

Error from District Court, McLennan County; Tom L. McCullough, Judge. Action by Crate Dalton against the Mechanics’ & Traders’ Insurance Company. Judgment for plaintiff, and defendant brings error.

1Opinion of the Court

Findings of Fact.

JENKINS, J.

On May 17, 1912, the plaintiff in error issued to Otto Stalley and others, the then owners, the policy herein sued on for $5,000 on a building which had previously been used as a dormitory for the Texas Christian University, in Waco, Tex., describing the same as a dwelling. The main University building had been destroyed by fire, and the University had been moved to Ft. Worth, Tex. The policy contained a concurrent insurance clause for $15,000, and provided that any insurance in excess of that amount, without the written consent of the insurer indorsed thereon,…

2Cases cited15 opinions

  1. East Texas Fire Insurance v. BlumTexas Supreme Court · 1890
  2. New Orleans Insurance v. GriffinTexas Supreme Court · 1886
  3. Wiggins v. BlackshearTexas Supreme Court · 1894
  4. British America Assurance Co. v. FranciscoCourt of Appeals of Texas · 1909
  5. Boone Gross v. Colonial Assur. Co.Court of Appeals of Texas · 1909

10 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Carey v. Texas Pacific Coal & Oil Co.Court of Appeals of Texas · 1921
  2. American Insurance v. KelleyTexas Supreme Court · 1959
  3. Home Ins. Co. v. BoatnerCourt of Appeals of Texas · 1920
  4. American Insurance Company v. KelleyTexas Supreme Court · 1959
  5. Detroit Fire & Marine Ins. v. WrightCourt of Appeals of Texas · 1925

5 more not listed; retrieve them via the Exa API.

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