Woodall v. National Life and Accident Ins. Co.

STAKELY, Justice.

This case comes to this court on an appeal from the Circuit Court of Montgomery County following a nonsuit taken by appellant as a result of the action of the trial court in sustaining appellee’s demurrer to appellant’s complaint. Suit was commenced in November 1958 by the filing of a complaint by Bobby L. Woodall, suing by next friend (appellant), seeking to recover $1,100 on a contract of insurance written by The National Life and Accident Insurance Company (appellee).

The complaint alleges that approximately two years after the policy was issued at a time when Bobby L.…