Boomer v. Massachusetts Bonding & Ins. Co.

SUTTON, Justice.

This is an appeal from the County Court at Law of El Paso County.

The parties will here be designated as in the trial court.

The plaintiff, Henrietta Boomer, admin-istratrix of the Estate of Monte H. Boomer, deceased, sued the defendant, Massachusetts Bonding and Insurance Company, to recover the principal sum of $353.33, claimed to be due under a policy of accident and health insurance issued to her deceased husband during his lifetime. She further sought to recover twelve per cent penalty and reasonable attorney’s fees under Article 4736, R.C.S.1925, Vernon’s Ann.Civ. St. art.…