American Nat. Ins. Co. v. Walsh

SMITH, Chief Justice.

This action is for the amount of insurance upon the life of Gertrude M. Pia, née Aldrich, whose death was presumed because of seven years’ absence, as provided in article S541, R.S.1925. Gertrude Walsh, the beneficiary designated in the policies of insurance in suit, recovered the amount of said policies, plus the prescribed penalty of 12 per cent, of said amount, and $150-at-torney’s fee, as provided in article 4736, as amended by the Acts of 1931 (42d Leg. p. 135, c. 91, § 1 [Vernon’s Ann.Civ.St. art. 4736]). The cause was tried by the court without a jury.

The evidence…