T.I.M.E., INC. v. MARYLAND CASUALTY COMPANY

No. A-6075.

300 S.W.2d 68 (1957)

T. I. M. E., Inc., Petitioners, v. MARYLAND CASUALTY COMPANY, a Corporation, Respondent.

Supreme Court of Texas.

Rehearing Denied April 17, 1957.


Attorney(s) appearing for the Case

Burges, Scott, Rasberry & Hulse, William F. Smith, El Paso, for petitioner.

Kemp, Smith, Brown, Goggin & White, El Paso, for respondent.


CALVERT, Justice.

In this case and on this appeal there are two major legal problems, one substantive and one procedural, as follows: Was Alphonse Munroe an insured within the terms of a policy of garage liability insurance issued by respondent? If he was not, did respondent insurer lose its right to assert that fact as a defense to a suit on the policy by failing to plead that he was not? The trial court and the Court of Civil Appeals have held that Munroe was not...

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