National Live Stock Ins. Co. v. Gomillion

(after stating the facts as above). The policy of insurance contains the following cLause:

“Reference being had to assured’s application No. 6421 on file in this office, which is hereby made a part of this policy, and a warranty on the part of the assured herein.”

Neither said application nor a copy thereof was attached to or accompanied said policy. Appellant pleaded said application and alleged misrepresentations therein. Appellee excepted to such plea for the reason:

“That said application nor a copy thereof was not attached to said policy, as required by the laws of Texas, as well as a copy…