Liverpool & London & Globe Insurance v. Ende

Citations

• 65 Tex. 118
• 1885 Tex. LEXIS 323

Syllabus

<p>]. Evidence.—See statement of case for matters held not relevant to the issue and improperly admitted. The improper admission of evidence which does not injure the opposite party is no ground for reversal.</p> <p>2. Assignment—Homestead.—An assignment of property for the benefit of creditors cannot convey property protected from forced sale as a place of business at the time the assignment was made.</p> <p>3. Insurance—Agents—Estoppel.—A verbal application for a policy was made to the general agent of a foreign insurance company and the policy issued. It was not shown that the application was transmitted, or was required to be transmitted, to the home office, nor was it claimed that the policy was void for want of power in the agents to do whatever the principal might have done in reference to the issuance of the policy in question. A dispute afterwards arose over the title to the property insured, but the agents knew the facts when the policy issued. Held:</p> <p>(1) That under such a state of facts the acts of the agents were the acts of the principal, and the knowledge of the agent as to any fact affecting the risk was the knowledge of the principal. (Miner v. Ins. Co., 27 Ind., 698.)</p> <p>(2) To deliver a policy with full knowledge of facts upon which its validity may be disputed, and then to insist upon these facts as ground of avoidance, is to attempt a fraud. This the courts will not aid, but will decide that there was an intent to waive the known ground of avoidance. (May on Ins., sec. 497; Wood on Fire Ins., sec. 497; Ins. Co. v. Lyons, 38 Tex., 253, etc.)</p> <p>(3) The company, by receiving the premium fire insurance with knowledge of the true state of title of the property insured, was estopped from denying the right of the insured to recover on the ground that his interest in the property was other than the entire, unconditional and sole ownership for his own use.</p> <p>4. Charge—Practice.—It cannot be complained that a charge was not sufficiently