Legal Opinion

New York Life Insurance Co. v. Herbert

Court of Appeals of Texas

Decided December 5, 1907PublishedCited by 4 opinions

Error from the District Court of Cooke County. Tried below before Hon. D. E. Barrett

1Opinion of the Court

LEVY, Associate Justice.

This was an action brought by Mrs. Melville Cannon Herbert against the New York Life Insurance Company, to recover upon a policy of insurance upon the life of her late husband. The company, though duly cited, did not appear and answer the suit, and a judgment by default was rendered against it on November 1, 1906, for the full amount of the policy of $5000, together with $500 as attorneys’ fees and 12 percent of face of the policy as damages, and interest and costs of suit. The company by writ of error has brought the judgment so obtained to this court for revision,…

2Cases cited7 opinions

  1. Thomas v. WomackTexas Supreme Court · 1855
  2. Fort Worth & Denver City Railway Co. v. MeaslesTexas Supreme Court · 1891
  3. McDonald v. GreyTexas Supreme Court · 1867
  4. Chrisman v. DavenportTexas Supreme Court · 1858
  5. G. H. Pearce & Co. v. Tootle, Hosea & Co.Court of Appeals of Texas · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Consolidated Underwriters v. PruittCourt of Appeals of Texas · 1944
  2. Atchison, T. & S. F. Ry. Co. v. BoyceCourt of Appeals of Texas · 1914
  3. Galveston, H. & S. A. Ry. Co. v. CraigheadCourt of Appeals of Texas · 1915
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1930

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