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HOME INS. CO., NEW YORK v. ROSE

No. A-3853.

255 S.W.2d 861 (1953)

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

Supreme Court of Texas.

Rehearing Denied March 25, 1953.

Attorney(s) appearing for the Case

Thompson, Knight, Wright & Simmons and Richard E. Gray, Jr., Dallas, for petitioner.

Ratliff, Conner & Walker, Spur, for respondent.

SMEDLEY, Justice.

The decision of this case turns on the construction of a paragraph of a policy by which petitioner, Home Insurance Company, New York, insured respondent, Joe M. Rose, against loss or damage to his growing cotton by hail. If one construction is given, respondent is entitled to recover $2,700; if the other construction is given, he is entitled to recover $1,350. The trial court's judgment for $2,700 was affirmed by the Court of Civil Appeals.

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