Texas Mutual Life Insurance v. Tolbert

This case was submitted to and decided by Section A of the Commission of Appeals, in an opinion by Judge German reported in 116 S. W. (2d) 1060. On motion for rehearing the cause was withdrawn from the Commission of Appeals and the judgment of reversal and rendition set aside and submitted to the nine-judge Court. A reconsideration of the questions of law involved convinces us that the opinion written by Judge German correctly states the rules of the law applicable to the facts of this case. Therefore, that opinion is readopted by this Court. The opinion is as follows:

“On or about October 21,…