First Texas Prudential Ins. Co. v. Campos
Court of Appeals of Texas
Appeal from El Paso County Court at Law; J. M. Deaver, Judge. Suit by Maria Campos against the Eirst Texas Prudential Insurance Company. Judgment for plaintiff,- and defendant appeals.
1Opinion of the CourtHarper, C. J.
The appellee instituted this suit against appellant Insurance Company for $164 on an insurance policy issued to Jose Campos, husband of appellee, alleged notice and demand, failure and refusal to pay, and because of the failure to pay asked for the statutory penalties and attorney’s fees.
The defense is fraud, in that the deceased represented his age to be 27 years, when in fact he was 47 years of age, when the policy was issued; further, that if the court should not find fraud and misrepresentation, the premiums paid would have paid for a policy in the sum of ¡¡5136, and not $164, sued for.
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2Cases cited4 opinions
- Manhattan Life Ins. Co. v. CohenCourt of Appeals of Texas · 1911
- American Nat. Ins. Co. v. HawkinsCourt of Appeals of Texas · 1916
- National Life Ass'n v. ParsonsCourt of Appeals of Texas · 1914
- Floyd v. Illinois Bankers' Life Ass'n of MonmouthCourt of Appeals of Texas · 1917
3Cited by2 opinions
- National Life Insurance v. MoutonTexas Supreme Court · 1923
- First Texas Prudential Ins. Co. v. SmallwoodCourt of Appeals of Texas · 1922