HARKINS v. INDIANA LUMBERMENS MUT. INS. CO. OF INDIANAPOLIS, IND.

No. 12200.

234 S.W.2d 430 (1950)

HARKINS v. INDIANA LUMBERMENS MUT. INS. CO. OF INDIANAPOLIS, IND.

Court of Civil Appeals of Texas, Galveston.

November 16, 1950.


Attorney(s) appearing for the Case

Milton Mulitz and Robert L. Sonfield, Houston, for appellant.

David Bland, Houston, and Austin Y. Bryan, Jr., Houston, of counsel, for appellee.


CODY, Justice.

This is a suit by an automobile dealer to recover upon a policy of insurance issued to him by the defendant insurance company for the loss of an automobile, which loss occurred under the circumstances hereafter stated. Among the defenses pled by the insurance company was one that the plaintiff sustained no loss directly or proximately caused by the peril insured against. And the controlling question in the case is whether the loss sustained falls within...

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