Eubanks v. Missouri National Life Insurance

Action upon a sick and accident insurance policy. Judgment for plaintiff for full amount asked with, penalty and attorney’s fee added for vexatious delay. Defendant appealed.

The record shows that D. S. Mayhew filed an answer for defendant alleging that settlement had been made and defendant had mailed plaintiff a cheek for $46.43 as payment in full of defendant’s liability on account of plaintiff’s claim. That plaintiff accepted and cashed this cheek and is now estopped from collecting any more. Further, that plaintiff had visited his office each day after the first two days and cannot claim…