Georgia Home Ins. Co. v. Leaverton

• Decision Date: 21 December 1895
• Citation: 33 S.W. 579
• Parties: GEORGIA HOME INS. CO. v. LEAVERTON et al.
• Court: Texas Court of Appeals

33 S.W. 579

GEORGIA HOME INS. CO. v.LEAVERTON et al.

Court of Civil Appeals of Texas.

December 21, 1895.

Appeal from district court, Hardeman county; G. A. Brown, Judge.

Action by H. C. Leaverton and others against the Georgia Home Insurance Company.Judgment for plaintiffs, and defendant appeals.Affirmed.

A. G. Walker, for appellant.Smith & Martin, for appellees.

STEPHENS, J.

R. F. George insured his residence in Quanah, upon which the Texas Building & Loan Association held a lien, in appellant company, the policy being made payable to the loan company.During the life of the policy George sold the property to H. C. Leaverton, who took possession, and paid a part of the purchase price, though no deed of conveyance was delivered; the parties having agreed that the deed should be left with the bank till the purchase money should be fully paid.Appellant's agent had knowledge of this transaction, and consented thereto, and both the transfer of the policy from George to Leaverton and the consent of his company thereto were indorsed on the policy.The house was thereafter, within the period covered by the policy, totally destroyed by fire.The amount of the policy exceeding that of the loan company's debt, this suit was brought by it and Leaverton jointly.These facts were fully set out in the petition; and the policy declared on, though not made an exhibit, was therein identified by its number.The Texas Building & Loan Association, being not only interested in, but also the payee of the policy, was properly joined as a partyplaintiff.In alleging that it was payable to said loan company as its interest might appear, the petition...