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FREEMAN v. COMMERCIAL UNION ASSURANCE COMPANY

No. 7043.

317 S.W.2d 563 (1958)

Roy J. FREEMAN, Appellant, v. COMMERCIAL UNION ASSURANCE COMPANY, Ltd., Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied November 11, 1958.

Attorney(s) appearing for the Case

Sidney C. Lee, Texarkana, for appellant.

Norman C. Russell and Atchley & Russell, Texarkana, for appellee.

FANNING, Justice.

Roy J. Freeman and D. H. Lee sued Commericial Union Assurance Company, Ltd., upon a policy of fire insurance issued by said company insuring Freeman and Lee against loss by fire of a certain building owned by Freeman and mortgaged to Lee. The amount of the policy was $3,750, and Lee's debt, secured by a mortgage on the building, was greater than the amount of the policy. The insurance company first denied liability as to both Freeman and Lee but...

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