Galveston Insurance v. Long

Citations

• 51 Tex. 89

Syllabus

<p>1. Policy of insurance —Vacancy of premises insured.—Suit was instituted upon a policy of insurance containing the clause, “Or if the above-mentioned premises shall be occupied or used so as to increase the risk, or become vacant or unoccupied, and so remain for more than thirty days, without notice to or consent of this company, in writing, * * * then and in every such case this policy shall be void.” On the trial, there was evidence that the premises had become vacant, &c.: Held—</p> <p>1. It was error to instruct the jury, “If you believe from the evidence that the house was vacant or unoccupied for a period of thirty days before the fire, and if you further believe from the evidence that the risk was thereby increased, then your verdict should be for the defendant.”</p> <p>2. Error, to refuse a charge to the effect that the vacancy for over thirty days, at the time of the fire, without notice to or consent of the company, defeated the right to recover, unless the defendant waived the condition.</p> <p>2. Assignment of errors.—See assignment held sufficient, having been made before the adoption of the new rules.</p> <p>3. Practice—Transcript.—When, in the transcript, the statement of facts proper is followed by what purports to be interrogatories and answers not embodied in the statement of facts, such testimony forms no part of the record, and the cost of its insertion will be taxed against appellant.</p>