Dolenz v. Employers Casualty Company

OPINION

BREWSTER, Justice.

Employers Casualty Company brought this suit against Dr. Bernard J. Dolenz to recover for insurance premiums that were allegedly owed to plaintiff by the defendant. The trial court rendered a summary judgment in plaintiff’s favor and against the defendant for $1,412.26. Plaintiff sought the recovery from defendant of attorney’s fees under Art. 2226, Vernon’s Ann.Civ.St., on the theory that this was a suit on a sworn account and that attorney’s fees were therefore recoverable under that statute. The defendant specially excepted to the allegations of the petition…