American Benefit Association v. Russell

MARTIN, Justice.

Appellee-,■ .Oral J. Russell, as plaintiff in the trial court, sued appellant, American Benefit Association, as defendant, for hospital ' expenses arid benefits alleged to be due him undér a hospitalization policy issued by appellant. The hospital expenses were incurred during January and February, 1953 and appellant’s defense to the suit was that the policy had been cancelled on December 1, 1952 as provided by its terms. Judgment was rendered for plaintiff in the amount of $400.44 and appellant perfected an appeal.

The appeal is based on three points of error. Appellant’s…