Home/Texas Supreme Court/Nixon v. New York Life Insurance Co.

Nixon v. New York Life Insurance Co.

99 S.W. 403, 100 Tex. 266, 1907 Tex. LEXIS 311
CourtTexas Supreme Court
DecidedJanuary 23, 1907
DocketMotion No. 1618.
StatusPublished
Cited by48 cases

This text of 99 S.W. 403 (Nixon v. New York Life Insurance Co.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nixon v. New York Life Insurance Co., 99 S.W. 403, 100 Tex. 266, 1907 Tex. LEXIS 311 (Tex. 1907).

Opinion

ON MOTION FOR REHEARING.

DUDLEY, Chief Justice.

We are asked to grant a rehearing in this case on the ground, mainly, that this court erred in its construction of the transcript as stated in the former opinion of this court, as follows: “With reference to the independent suit of interpleader by the New York Life Insurance Company v. Cora Malone et al., being an independent suit against all the parties, the. petition showed on its face that it was a party to the main suit, and had filed an interpleading answer therein.” So far as the statement that the petition showed that the New York Life Insurance Company had filed its interpleading answer in the main case, this court was mistaken, but the petition alleged that long before that time the (petitioner) New York Life Insurance Company had been made, and then was, a party defendant in the main case.

As was said in our former opinion in this case, “There could be no reasonable doubt or hazard in its position as a stakeholder after it had been made a party to the main case, which gave it the right to file its interpleading answer in that case.” We see no reason to change our opinion. The motion for rehearing is therefore overruled.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Clayton v. Mony Life Insurance Co. of America
284 S.W.3d 398 (Court of Appeals of Texas, 2009)
Daniel D. Clayton v. MONY Life Insurance Company of America
Court of Appeals of Texas, 2009
American Indemnity Co. v. Jenkins
554 S.W.2d 219 (Court of Appeals of Texas, 1977)
First Realty Bank v. Ehrle
521 S.W.2d 295 (Court of Appeals of Texas, 1975)
United States v. Ray Thomas Gravel Company
373 S.W.2d 333 (Court of Appeals of Texas, 1963)
Citizens National Bank of Emporia, Kansas v. Socony Mobil Oil Co.
372 S.W.2d 718 (Court of Appeals of Texas, 1963)
Southern Insurance Co. v. Federal Service Finance Corp. of Texas
370 S.W.2d 24 (Court of Appeals of Texas, 1963)
Davis v. East Texas Savings & Loan Ass'n
354 S.W.2d 926 (Texas Supreme Court, 1962)
Louis v. Spain
330 S.W.2d 478 (Court of Appeals of Texas, 1959)
Luse v. Union City Transfer
324 S.W.2d 935 (Court of Appeals of Texas, 1959)
Gillman v. Gillman
313 S.W.2d 931 (Court of Appeals of Texas, 1958)
Rio Grande Nat'l Life Ins. Co. v. Schmidt
292 S.W.2d 864 (Court of Appeals of Texas, 1956)
Wall v. Wall
181 S.W.2d 817 (Court of Appeals of Texas, 1944)
Drane v. Jefferson Standard Life Ins. Co.
146 S.W.2d 526 (Court of Appeals of Texas, 1940)
Grand Lodge Colored Knights of Pythias of Texas v. Watson
145 S.W.2d 601 (Court of Appeals of Texas, 1940)
Hubberd v. Crude Oil Marketing & Trading Co.
119 S.W.2d 161 (Court of Appeals of Texas, 1938)
American Nat. Ins. Co. v. Wolfe
115 S.W.2d 700 (Court of Appeals of Texas, 1938)
Vassiliades v. Theophiles
115 S.W.2d 1220 (Court of Appeals of Texas, 1938)
Glenn v. McCarty
107 S.W.2d 363 (Texas Supreme Court, 1938)
Radford v. Hutto
113 S.W.2d 563 (Court of Appeals of Texas, 1938)

Cite This Page — Counsel Stack

Bluebook (online)
99 S.W. 403, 100 Tex. 266, 1907 Tex. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nixon-v-new-york-life-insurance-co-tex-1907.