Southern Mutual Fire Insurance Co. of Yoakum v. Mazooh Bros.

Court of Appeals of Texas

Southern Mutual Fire Insurance Co. of Yoakum v. Mazooh Bros.

7 S.W.2d 1119, 1928 Tex. App. LEXIS 633

Court of Appeals of Texas·Decided June 13, 1928·No. No. 7239.·Published

Opinion

MeOLENDON, C. J.

Upon a former appeal of this case (see opinion, 291 S. W. 257, petition to Supreme Court for writ of error dismissed), we remanded the case to determine the fact issue whether appellant’s agent, in soliciting the application for the renewal policy sued upon, acquired the information that additional insurance had been taken out by appellees upon the property covered by the policy. So far, at least, as concerns this court, all the issues of law the present appeal presents were determined in the former appeal, to our opinion in which we refer for a statement of the case and the conclusions therein reached. The last trial was to the court without a jury, and the findings of fact of the trial court, amply supported by evidence, determine the fact issues the appeal involves in favor of appellees. We approve those findings, and, if appellants desire it, they may be copied by the clerk and attached as an exhibit to this opinion. All assignments of error are overruled, for reasons stated in our original opinion, and the trial court’s judgment is affirmed.

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

MeOLENDON, C. J.

Upon a former appeal of this case (see opinion, 291 S. W. 257, petition to Supreme Court for writ of error dismissed), we remanded the case to determine the fact issue whether appellant’s agent, in soliciting the application for the renewal policy sued upon, acquired the information that additional insurance had been taken out by appellees upon the property covered by the policy. So far, at least, as concerns this court, all the issues of law the present appeal presents were determined in the former appeal, to our opinion in which we refer for a statement of the case and the conclusions therein reached. The last trial was to the court without a jury, and the findings of fact of the trial court, amply supported by evidence, determine the fact issues the appeal involves in favor of appellees. We approve those findings, and, if appellants desire it, they may be copied by the clerk and attached as an exhibit to this opinion. All assignments of error are overruled, for reasons stated in our original opinion, and the trial court’s judgment is affirmed.

Southern Mutual Fire Insurance Co. of Yoakum v. Mazooh Bros., 7 S.W.2d 1119, 1928 Tex. App. LEXIS 633 (Tex. Ct. App. 1928).

Pincite

7 S.W.2d 1119 (Southern Mutual Fire Insurance Co. of Yoakum v. Mazooh Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related