Indemnity Co. of America v. Mahaffey
| Decision Date | 11 May 1921 |
| Docket Number | (No. 6560.) |
| Citation | 231 S.W. 861 |
| Parties | INDEMNITY CO. OF AMERICA v. MAHAFFEY. |
| Court | Texas Court of Appeals |
Action by H. L. Mahaffey against the Indemnity Company of America and another. Judgment by default against the Indemnity Company after plaintiff had dismissed as to other party, and defendant Indemnity Company brings error. Reversed and remanded.
Bradley, Burns, Christian & Bradley, of Fort Worth, for plaintiff in error.
C. F. Clark, of Fort Worth, for defendant in error.
We find among the papers an amicus curiæ "suggestion of certain material fatal errors which are apparent upon the record in" this cause, coupled with a motion to dismiss the writ of error because of such errors. The objections pointed out go to the sufficiency of the citation in error and the officer's return thereon. Two of the objections are untenable, while the others are waived by defendant in error, who signed an agreement, on file among the papers here, that plaintiff in error could file the transcript and record in this court, and file its briefs herein at any time before September 3, 1920, and further agreeing that defendant in error might file his briefs any time prior to two weeks before the submission of the cause. The execution of this agreement operated as an appearance in this court by defendant in error; and the motion to dismiss is accordingly overruled. Stephenson v. Chappell, 12 Tex. Civ. App. 296, 33 S. W. 880, 36 S. W. 482.
Mahaffey, plaintiff below, and defendant in error here, alleged that on February 21, 1919, the indemnity company issued a fire and theft policy in the amount of $300 covering a certain Ford automobile; that thereafter, on October 11, 1919, he purchased the car from the then owner; that four days later, on October 15, 1919, the car was stolen and has not been recovered; that when he purchased the car the indemnity policy was in the possession of the Guaranty State Bank of Fort Worth, and that he instructed the bank to have the policy transferred to him, which the bank agreed to do "and led the plaintiff to believe that the * * * bank would have and cause said policy to be transferred to * * * plaintiff, and that plaintiff did believe that the * * * bank would and did have the said policy transferred to said plaintiff"; that if the bank failed to have the policy so transferred, and thereby relieved the indemnity company of...
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Allstate Insurance Company v. McKenzie
...American Guarantee & Liability Ins. Co., 4 Cir., 180 F.2d 246; Maryland Cas. Co. v. Powers, D.C., 113 F.Supp. 126; Indemnity Ins. Co. v. Mahaffey, Tex.Civ.App., 231 S.W. 861; Ohio Cas. Co. v. Torres, Tex., 300 S.W. 2d The appellee relying entirely upon such cases as Insurance Company of Tex......
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Ohio Cas. Ins. Co. v. Torres
...The respondent is attempting to enforce the terms and provisions of a contract to which she was not a party. See Indemnity Co. of America v. Mahaffey, Tex.Civ.App., 231 S.W. 861, no writ history. Respondent's only attempt to show that she was a party to the renewal insurance policy was in t......