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NEW YORK FIRE INSURANCE COMPANY v. ASHLEY

No. 5156.

290 S.W.2d 954 (1956)

NEW YORK FIRE INSURANCE COMPANY, Appellant, v. S. J. ASHLEY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 9, 1956.

Attorney(s) appearing for the Case

Hardie, Grambling, Sims & Feuille, William B. Hardie, El Paso, for appellant.

Ray Pearson, R. E. Cunningham, El Paso, for appellee.

HAMILTON, Chief Justice.

This was a suit on an insurance policy for loss of 1,435 pounds of seed cotton, Pima variety, by theft. From a judgment in favor of the insured in the amount of $499.41, the insurer appealed.

The pertinent part of the policy about which we are concerned is as follows, to-wit:

"Seed Cotton. "This policy covers only within the States of Texas and New Mexico on seed cotton while loaded on vehicles while in due course...

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