American Nat. Ins. Co. v. Fulghum

On Rehearing.

The original opinion inadvertently failed to pass upon appellee’s cross-assignment complaining of the refusal of the court to allow interest on the indemnity provided for in the policy.

The plaintiff, in his petition, confined his claim to the indemnity specified in the policy, an attorney’s fee and 12 per cent, damages allowed by article .4746, Revised Statutes. He did not ask for interest, and the damage claimed was not laid in sufficient amount to cover same. In the state of his pleadings, recovery thereof was properly.denied. Railway Co. v. Addison, 96 Tex. 61, 70 S. W. 200;…