Powell v. American Casualty & Life Co.

YOUNG, Justice.

Appellant’s suit in trial court was upon a life, sick and accident policy of insurance, *745claiming a liability thereunder for monthly benefits (sickness and hospitalization in the aggregate sum of $5,000), to which cause of action, certain defenses were raised. Upon trial and jury verdict, a “take nothing” judgment was rendered, followed by ■ plaintiff’s appeal.

Appellee Company alleges issuance and delivery of the policy in question of date December 13, 1946, both parties affirmar tively relying upon many of its terms and provisions. It is the claim of plaintiff that he became…