Kemendo v. Western Assur. Co.
Citation | 57 S.W. 293 |
Parties | KEMENDO v. WESTERN ASSUR. CO. OF TORONTO, CANADA. |
Decision Date | 06 June 1900 |
Court | Texas Court of Appeals |
Appeal from district court, McLennan county; Marshall Surratt, Judge.
Action by V. Kemendo against the Western Assurance Company of Toronto, Canada. From a judgment for defendant, plaintiff appeals. Reversed.
Suit on two policies of insurance against fire by appellant against appellee, one for $2,000, and the other for $3,000, each policy containing the iron-safe clause. The lower court instructed the jury to return a verdict for defendant, which was done, and judgment rendered accordingly, from which plaintiff has appealed. The two policies of insurance described in the petition were read in evidence. The policies sued on insured plaintiff from loss by fire $3,000 and $2,000 on his stock of staple and fancy groceries, produce, wood and willow ware, cigars, tobacco, confectionaries, and candies, all while contained in the two-story brick building on Franklin street, on lots 416-418, block 11, in Waco, Tex., "subject to the iron-safe clause attached to the policy and made a part thereof," allowing $16,000 total concurrent insurance. The iron-safe clause is pasted on the policy, and reads as follows: The assured paid the premiums required by the defendant company on both policies at the time they issued, the 24th day of February, 1898, and the stock of goods covered by the policies was on the night of August 22, 1898, totally destroyed by fire, except about $865 worth of the goods, which were saved. Notice of the loss and proof of same was duly given to the company, and proof of denial of liability by it. The loss by the fire was shown to be $15,962.66. There was testimony before the court from which the jury might have concluded that a correct set of books was kept by the assured, and that they were deposited in the iron safe, and were there on the night of the fire, and that such books were in evidence. All the kept books were not actually in the safe on the night of the fire, but whether those left out were necessary to a complete understanding of the stock purchased and sold is not conclusively shown. It seems that the data furnished by the books and invoices in evidence disclosed the amount of stock purchased and sold, so that the goods destroyed by the fire could be ascertained therefrom with reasonable certainty. Inventories were taken, as required by the policy. There was testimony to the effect that the inventory taken in January, 1898, was not in the safe on the night of the fire, and that it was lost or destroyed by the fire. Ridell, witness, Kemendo's bookkeeper, speaking of the inventories, testified: The witness qualifies the foregoing on cross-examination as follows: Again, the witness says: Kemendo testified: On cross-examination he testified: ...
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Beauchamp v. Retail Merchants Association
... ... 835; ... Cobb & S. shoe Store v. Aetna Ins. Co., 78 S.C. 388, ... 58 S.E. 1099; Western Assur. Co. v. Kemendo, 94 Tex ... 367, 60 S.W. 661, reversing Tex. Civ. App. , 57 S.W. 293; ... ...
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Western Assur. Co. v. Kemendo
...supreme judicial district. Action by V. Kemendo against the Western Assurance Company. From a judgment of the court of civil appeals (57 S. W. 293) reversing a judgment for defendant, defendant brings error. Opinion of court of civil appeals reversed, and of district court Finley, Harris, E......
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North British Mercantile Ins. Co. v. Kemendo
... ... by the court of civil appeals under an agreement that the cases were to abide the decision in the case of the same plaintiff against the Western Assurance Company, 57 S. W. 293. From the judgment of reversal, defendants bring error ... PER CURIAM ... Opinion ... ...