HOME INS. CO., NEW YORK v. ROSE

No. 6227.

255 S.W.2d 238 (1952)

HOME INS. CO., NEW YORK, v. ROSE.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied September 2, 1952.


Attorney(s) appearing for the Case

Thompson, Knight, Wright, Weisberg & Simmons, Dallas, for appellant.

Ratliff, Conner & Walker, Spur, for appellee.


LUMPKIN, Justice.

On June 6, 1951, the appellee, Joe M. Rose, signed an application for hail insurance on his cotton crop in which he stated that on June 1, 1951, his crop was "up and showing a good stand." In compliance with this application the appellant, The Home Insurance Company, New York, issued a policy of insurance. The 10th condition of the policy provides as follows:

"10. Cotton, Beans (Except Soybeans), Cucumbers and Melons — This insurance...

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