Texas State Life Ins. Co. v. Barton

GRAVES, Justice.

This appeal is from a judgment of the court below, sitting without a jury, wherein the appellee was awarded a $330 recovery against the appellant, as for the amount found to be due under a policy of insurance it had issued in the- sum of $250, together with the further sums of $30 as 12% statutory penalty, and $50 as reasonable attorney’s fees, imposed as for delay, and refusal to pay without suit.

The policy had been issued to one Marie Clemons on July 10, 1935, with the appellee as beneficiary, both of them being negroes, and insured having died on the 29th day of November of…