Legal Opinion

Merchants' Life Ins. Co. v. Clark

Court of Appeals of Texas

Decided December 6, 1923No. 2802. [fn*]PublishedCited by 19 opinions

1Opinion of the Court

It is urged that the judgment is wrong so far as it is in appellee's favor for $5,000 as a sum she was entitled to by the terms of the policy; and that, if it is right in that respect, it is wrong so far as it is in her favor for $600 as damages and $1,250 as attorney's fees she was entitled to by the terms of article 4746, Vernon's Statutes.

The contention as to the $5,000 is that the recovery thereof was unauthorized, mainly because, it is asserted, the right to claim any benefit under the policy was forfeited by the failure of the assured to pay the premium due June 21, 1921, within the…

2Cases cited8 opinions

  1. New York Life Ins v. AlexanderMississippi Supreme Court · 1920
  2. Wick v. Western Union Life InsuranceWashington Supreme Court · 1918
  3. Hipp v. Fidelity Mutual Life InsuranceSupreme Court of Georgia · 1907
  4. Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915
  5. Brotherhood of Railway Trainmen v. DeeTexas Supreme Court · 1908

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

3Cited by19 opinions

  1. Minnesota Mut. Life Ins. Co. v. MarshallCourt of Appeals for the Eighth Circuit · 1928
  2. Bank of Commerce & Trust Co. v. Northwestern National Life InsuranceTennessee Supreme Court · 1930
  3. Missouri State Life Ins. Co. v. Le FevreCourt of Appeals of Texas · 1928
  4. Blue Diamond Motor Bus Co. v. HaleCourt of Appeals of Texas · 1934
  5. State Life Ins. Co. v. BarnesCourt of Appeals of Texas · 1933

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

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