J. H. Blake & Co. v. Hamburg Bremen Fire Insurance

Citations

• 67 Tex. 160
• 2 S.W. 368
• 1886 Tex. LEXIS 630

Syllabus

<p>1. Contract.—A contract may be consummated by letter deposited in the-post office; and when an offer is made contemplating an acceptance in this manner, and a letter accepting is properly mailed, the agreement is-complete; but to be properly mailed the letter should be duly posted, and the date of the posting must determine the date of the contract.</p> <p>0. Cases Approved.—Adams v. Lindel!, 1 B. & Aid., 881; Dunlop v. Higgins, 1 H. L. C., 381, and Taylor v. Insurance Company, 9 How., 390, approved.</p> <p>8. Charge op Court.—An abstract proposition stated as law in the charge of the court, which is not correct, can afford no ground for new trial, when it could not result in prejudice to the party complaining of it.</p> <p>4. Assignment ow Error —The oft repeated caution, again given, that an assignment of error which specifies no particular charge given by the court and no special error in either o£ them, but complaining in general terms of the refusal of the court to give the charges asked, is violative of a rule of court and of repeated decisions.</p> <p>6. Insurance.—If an insurance risk is by contract between the parties to be affected, to begin from the deposit of a letter in the post office, such an arrangement must be construed to mean the proper deposit of such a letter and in a manner to assure its delivery, and the risk begins only after the letter is stamped, as the evidence that it is post paid.</p>