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OLD COLONY INSURANCE COMPANY v. MESSER

No. 6274.

328 S.W.2d 335 (1959)

OLD COLONY INSURANCE COMPANY, Appellant, v. S. D. MESSER, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied October 7, 1959.

Attorney(s) appearing for the Case

Strong, Moore, Pipkin, Strong & Nelson, Gordon R. Pate, Beaumont, for appellant.

John H. Seale, Joe H. Tonahill, Floyd W. Addington, Jasper, for appellee.

ANDERSON, Chief Justice.

The insurer has appealed from a judgment in favor of Inez Goldman on a policy of fire insurance in which S. D. Messer was named as the insured. Messer instituted the suit as sole plaintiff. Before trial, however, he and Mrs. Goldman joined as plaintiffs and represented in their joint petition that Mrs. Goldman was equitably entitled to the benefits of the policy of insurance. Upon a jury's verdict it was decreed that Messer take nothing, but...

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