Southern Ins. Co. v. Nicholson

Appellee instituted this suit in the justice’s court against appellant to recover on an insurance policy issued to appellee’s mother, Gennie Whitther, in which appellee was designated as beneficiary. The case was appealed from the justice’s to the county court, where it was tried before the court without a jury, resulting in a judgment for appellee, from which judgment this appeal is prosecuted.

Under a number of assignments, appellant contends that, where the policy stipulates that the insurer will not accept risks over 54 years of age, same is a valid provision, and binding upon assured and…