Manhattan Life Ins. Co. v. Stubbs
Decision Date | 07 December 1921 |
Docket Number | (No. 245-3442.) |
Citation | 234 S.W. 1099 |
Parties | MANHATTAN LIFE INS. CO. v. STUBBS. |
Court | Texas Supreme Court |
Action by James B. Stubbs against Manhattan Life Insurance Company. A judgment for plaintiff for part only of the amount claimed by him, but allowing him penalty for attorney's fees, was affirmed by the Court of Civil Appeals (216 S. W. 896), and both parties bring error. Judgment reformed so as to permit plaintiff to recover entire amount claimed, with penalty and attorney's fee.
Seay, Seay, Malone & Lipscomb, of Dallas, for plaintiff in error.
Jas. B. & Chas. J. Stubbs, of Galveston, for defendant in error.
This case, and the nature of the issues involved, have been most admirably stated by the Court of Civil Appeals as follows:
See (Civ. App.) 216 S. W. 896.
Both parties filed motions for rehearing in the Court of Civil Appeals, which were overruled. In due course, both parties filed applications in the Supreme Court for writ of error and both were granted.
The Court of Civil Appeals announces the following holding:
We cannot concur in the holding just quoted. The authorities cited by the Court of Civil Appeals are all cases in which only local or soliciting agents were involved, and are not in point with the case at bar. In the instant case, the rights of the parties center around the assurances given by A. A. Green, Jr., to Stubbs. Green was the general agent of the insurance company, and was manager of its southwestern department, with headquarters at Dallas, Tex. His stationery showed these...
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