Westchester Fire Ins. Co. v. Wagner

Decision Date06 June 1900
Citation57 S.W. 876
CourtTexas Court of Appeals

Appeal from district court, Bexar county; Robert B. Green, Judge.

Action by Wagner & Chabot against the Westchester Fire Insurance Company. Judgment for plaintiffs, and defendant appeals. Affirmed.

P. H. Swearingen, for appellant. Summerlin, Walling & Norton and T. H. Franklin, for appellees.


We conclude from the testimony the following facts, in deference to the verdict: Wagner & Chabot had a stock of bar furniture in their store in San Antonio belonging to Kloak Bros. & Co., holding same on commission, under an agreement of sole agency. They obtained from appellant's agent a fire policy, which embraced in its description of property insured the above stock and "glassware and silver and plated ware, and such other articles and appliances used by them to make a display of such goods." Kloak Bros. & Co. owned only the bar furniture and fixtures; all else was the property of Wagner & Chabot. The policy insured Wagner & Chabot, Kloak Bros. & Co. not being mentioned therein, and contained provisions as follows: "This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof, or if the interest of the insured be not truly stated herein, or in case of fraud or false swearing by the insured touching any matter relating to this insurance, or the subject thereof, whether before or after a loss. * * * This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured has now, or shall hereafter make or procure, any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy, * * * or if the interest of the insured be other than unconditional and sole ownership. * * * If fire occur, the insured shall * * * within sixty days after the fire, unless such time is extended by the company, render a statement to this company, signed and sworn to by said insured, stating the knowledge and belief of the insured as to time and origin of the fire, the interest of the insured and of all others in the property," etc. The policy concludes thus: "This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements or conditions as may be indorsed hereon or added hereto, 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 provisions no officer, agent, or representative shall have such power, or be deemed or held to have waived such provisions, unless such waiver, if any, shall be written upon or attached hereto." The agent issuing the policy in question was informed by Wagner & Chabot that Kloak Bros. & Co. were the owners of the property sought to be insured, and with this information prepared and delivered the policy with Wagner & Chabot as the insurers, receiving the...

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13 cases
  • Carroll v. Hartford Fire Ins. Co.
    • United States
    • Idaho Supreme Court
    • January 22, 1916
    ... ... Co., 29 ... Conn. 10, 76 Am. Dec. 581; Germania Fire Ins. Co. v ... Hick, 125 Ill. 361, 8 Am. St. 384, 17 N.E. 792; ... Westchester Fire Ins. Co. v. Wagner, 24 Tex. Civ ... 140, 57 S.W. 876; Parno v. Iowa Merchants' Mutual ... Ins. Co., 114 Iowa 132, 86 N.W. 210; Hoxie v ... ...
  • Am. Nat'l Ins. Co. v. Arce
    • United States
    • Texas Supreme Court
    • April 28, 2023
    ... ... Civ. App.-El Paso 1935, writ ref'd) (life insurance); ... Westchester Fire Ins. Co. v. Wagner , 57 S.W. 876, ... 878 (Tex. Civ. App. 1900, writ ref'd) (fire ... ...
  • Fireman's Fund Ins. Co. v. Reynolds
    • United States
    • Texas Court of Appeals
    • June 27, 1935
    ...Co. v. Shearman, 17 Tex. Civ. App. 456, 43 S. W. 930, par. 5 (writ refused [Tex. Civ. App.] 43 S. W. 1063); Westchester Fire Ins. Co. v. Wagner, 24 Tex. Civ. App. 140, 57 S. W. 876, par. 3 (writ refused). Appellant has failed to do Appellant contends that the court erred in failing to compl......
  • Clark v. National Life & Accident Ins. Co., A-1118.
    • United States
    • Texas Supreme Court
    • March 19, 1947
    ... ... Co. v. Doyle, 136 Tex. 377, 151 S.W.2d 197; Westchester Fire Ins. Co. v. Wagner, 24 ... Tex.Civ.App. 140, 57 S.W. 876 (writ denied). We find no testimony ... ...
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