First Texas Prudential Ins. Co. v. Smith

O’QUINN, Justice.

Smith sued the First Texas Prudential insurance Company to recover on a policy of insurance issued by said company of date May 19, 1930, on the life of Myrtle Gulley in which he was named as beneficiary. He alleged the execution and delivery of the policy, the payment of the premiums, and that as-; sured died on September 7, 1930. He further alleged that due proof of death was made and payment of the policy demanded, but that appellant refused to pay same. His prayer was for judgment for $412, the amount named in the policy, together with 12 per cent, of said amount as…