Hartford Fire Ins. Co. v. Moore

• Decision Date: 13 May 1896
• Citation: 36 S.W. 146
• Parties: HARTFORD FIRE INS. CO. v. MOORE.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

36 S.W. 146

HARTFORD FIRE INS. CO. v. MOORE.¹

Court of Civil Appeals of Texas.

May 13, 1896.

Appeal from district court, Bexar county; S. G. Newton, Judge.

Action by L. W. Moore against the Hartford Fire Insurance Company. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Leake, Henry, Reeves & Greer and Perry J. Lewis, for appellant. I. B. Henyan, for appellee.

NEILL, J.

This is a suit by appellee against appellant on the insurance policy described in our first conclusion of fact. There was a judgment rendered upon the trial in favor of plaintiff for $2,158.50, from which the defendant has appealed.

Conclusions of Fact.

(1) On the 22d of January, 1894, the Hartford Fire Insurance Company, by its policy of that date, insured the appellee, L. W. Moore, for the term of one year from the 22d day of January, 1894, at noon, to the 22d day of January, 1895, at noon, against all direct loss or damage by fire, except under certain provisions, not necessary to mention, to an amount not exceeding $2,000, to the following described property while located and as described in the policy as follows, to wit: "$1,500. On the two-story stone and iron-clad metal-roofed building occupied as hotel, as situated on the south side of Main Plaza N. 212, known as `Hotel Central,' San Antonio, Texas. $500.00 on hotel furniture, beds, beddings, carpets, mirrors, pictures, and crockery ware, cooking utensils, range, iron safe, office and other furniture and fixtures incidental to a hotel,—all while contained in the above-described building." The policy contains this written statement: "It is understood that within building stands on leased ground," and the stipulation that it "shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning the insurance or the subject thereof; or if the interest of the insured in the property be not truly stated herein"; "or if the interest of the insured be other than unconditional and sole ownership." It also contains the following provisions: "In all matters relating to this insurance no person, unless duly authorized in writing, shall be deemed the agent of this company." "And no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy, except such as by the terms of this policy may be the subject of agreement indorsed hereon, or added hereto; and as to such provision or condition no officer, agent, or representative shall have such power, or be deemed or held to have waived such provision or condition, unless such waiver, if any, shall be written upon or attached hereto; nor shall any privilege or permission affecting the insurance under this policy exist or be claimed by the assured unless so written and attached."

(2) The building insured and known as "Hotel Central" was of two stories, situated and fronting on Main Plaza, but a part of the building in the rear was...