Springfield Fire & Marine Ins. Co. v. Whatley
Decision Date | 08 December 1925 |
Docket Number | (No. 3132.)<SMALL><SUP>*</SUP></SMALL> |
Citation | 279 S.W. 287 |
Parties | SPRINGFIELD FIRE & MARINE INS. CO. v. WHATLEY. |
Court | Texas Court of Appeals |
Appeal from District Court, Smith County; J. R. Warren, Judge.
Action by H. A. Whatley against the Springfield Fire & Marine Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed.
It appeared without dispute in the testimony heard at the trial that the land on which the dwelling house was situated belonged to the separate estate of Whatley's first wife, who died in December, 1918, and that the household goods belonged to the community estate between Whatley and his said wife, that Whatley and his said wife, with the children, lived in the dwelling house on the land, and used the property as their home for many years prior to her death, and that, after her death, until the house was destroyed by fire as stated, Whatley, first with said children and afterward with them and his second wife, continued to live in the house and use the land as a home. It further so appeared that on February 22, 1919, the insurance company, acting by Will Niblock, its agent, issued a policy insuring Whatley in the sum of $1,200 against loss before February 22, 1920, of the dwelling house by fire, and in the sum of $600 against the loss of household goods therein; and each year thereafter, to and including the year 1923, acting by said Niblock, or one of his partners, as its agent, issued a similar policy to Whatley, except that the one issued February 22, 1923 being the one sued on, was (as before stated) for the sum of $1,500 on the dwelling house and $800 on the household goods. There was testimony the jury had a right to believe that, at the time the policy of February 22, 1919, was issued, Whatley told Niblock "that the place (quoting) then belonged to the children," that it was given to their mother by her father, and "was their home." Special issues as follows (answers as indicated) were submitted to the jury:
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