7 S.W.2d 144 | Tex. App. | 1928
Whether appellant's contention that it was liable only for the amount of the note at the date of the fire and 6 per cent. interest thereon from the time it ought to have paid same should be sustained, or, instead, that of appellee, that appellant was liable to it for the amount of the note at the date of the fire and for interest thereon at the rate of 10 per cent. per annum and attorney's fees as stipulated for in the note and mortgage, and for fines assessed as provided in the by-laws hereinbefore referred to, was the question in the court below. We think that court determined it correctly when he upheld the contention of appellee. The undertaking of appellant, in the event of loss of the property by fire, was to pay the amount it thereby became liable for, to wit, $1,600, to appellee "as its interest might appear." Laurenzi v. Ins. Co.,
The judgment is affirmed.