American Nat. Ins. Co. v. Hawkins
Court of Appeals of Texas
Appeal from Harrison County Court; Geo. L. Huffman, Judge. Action by Mary Hawkins against the American National Insurance Company. From a judgment for plaintiff, defendant appeals. The action is by appellee, the beneficiary, upon a policy of life insurance issued and delivered by appellant on the life of her son Johnnie Hawkins.
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Appeal from Harrison County Court; Geo. L. Huffman, Judge. Action by Mary Hawkins against the American National Insurance Company. From a judgment for plaintiff, defendant appeals. The action is by appellee, the beneficiary, upon a policy of life insurance issued and delivered by appellant on the life of her son Johnnie Hawkins. Appellee in her petition also seeks recovery of 12 per cent, of the amount insured, as damages because of refusal to pay after demand had been made therefor, as provided by law, and attorney’s fees. The policy reads as follows: “Policy No. 1186212. “American National…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] The instrument, shown in bill of exception No. 1, executed by appellee to her attorney, M. M. O’Banion, is not such an assignment of an interest in the policy or claim, it is believed, as -to make the attorney a necessary party to the suit. Under the general rule the holder of the legal title must be the one to sue. Ins. Co. v. Coffee, 61 Tex. 287; Cleveland v. Heidenheimer, 92 Tex. 108, 46 S. W. 30. And the instrument mentioned merely purports to be an agreement to pay the attorney for his legal services a fixed sum, based on the amount for which…
2Cases cited6 opinions
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
- New York Life Insurance v. CravensSupreme Court of the United States · 1900
- Whitfield v. Aetna Life Ins. Co. of HartfordSupreme Court of the United States · 1907
- Cleveland & Cameron v. HeidenheimerTexas Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- National Life & Accident Insurance v. DoveTexas Supreme Court · 1943
- First Texas State Insurance v. SmalleyTexas Supreme Court · 1921
- Southwestern Life Ins. Co. v. HoustonCourt of Appeals of Texas · 1938
- First Texas Prudential Ins. Co. v. SmallwoodCourt of Appeals of Texas · 1922
- Longwell Transfer v. ElliottCourt of Appeals of Texas · 1924
6 more not listed; retrieve them via the Exa API.