McKinney v. Calvert Fire Ins. Co., 3136
| Decision Date | 14 January 1955 |
| Docket Number | No. 3136,3136 |
| Parties | Barney McKINNEY, Appellant, v. CALVERT FIRE INSURANCE COMPANY, Appellee. |
| Court | Texas Court of Appeals |
Earnest L. Langley, Hereford, for appellant.
Biggers, Baker, Lloyd & Carver, Dallas, for appellee.
This is a suit on a fire insurance policy on a motor vehicle. At all times material, Barney McKinney was engaged in the business of transporting and selling Butane gas at Lamesa and surrounding territory and was the owner of a Studebaker truck used in connection therewith. In November, 1951, McKinney entered into negotiations with Jack McLaughlin at Hereford for the purchase of a new 'GMC' truck to be used in his business. McLaughlin did not have the kind of truck McKinney desired but made arrangements for McKinney to obtain such truck from Hays-McClain at Crowell, Texas. McKinney went to Crowell and obtained possession of the 'GMC' truck and drove it to Lamesa where he removed the Butane tanks from the Studebaker and placed them on the new truck. He then loaded the new truck with Butane and sent it out to make a delivery. While on this trip the 'GMC' truck was destroyed by fire. McKinney brought this suit against Calvert Fire Insurance Company alleging that the truck so destroyed was covered by a policy issued by the insurance company. The case was submitted to a jury on special issues. After rendition of the verdict both sides filed motions for judgment. The court granted the motion of the insurance company and rendered judgment that McKinney take nothing, from which he has appealed.
Appellant did not pay for the 'GMC' truck and did not obtain a certificate of title or any other muniment of title. The appellee makes the contention that appellant was not the owner of the truck at the time it was destroyed and could, therefore, not recover. The view the take of the case renders it unnecessary for us to pass upon this question. At the time appellant removed the tanks from the Studebaker truck and placed them on the 'GMC' truck he placed the Studebaker on his lot at his place of business where it remained for several months before it was sold. Appellant admits that the policy of insurance on which this suit is based did not specifically name the 'GMC' truck which was destroyed by fire. The policy names the 1951 Studebaker truck which was in use at the time appellant obtained the new truck. Appellant seeks to recover under the 'automatic...
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