Texas Mutual Life Insurance v. Smartt

Mr. Judge Martin,

of the Commission of Appeals, delivered the opinion for the Court.

Suit was instituted by the beneficiary of a life insurance policy and judgment upon a directed verdict was entered by the trial court in favor of the insurer. That judgment was reversed and remanded. 87 S. W. (2d) 333.

The legal issue here is whether or not a jury question existed in the trial court as to the unconditional acceptance by the insurer of a check as payment of an assessment admittedly due by the insured — the ultimate issue being the lapsation of the policy of insurance, as more fully appears…