New York Life Ins. Co. v. English
| Decision Date | 23 February 1903 |
| Citation | 72 S.W. 58 |
| Parties | NEW YORK LIFE INS. CO. v. ENGLISH. |
| Court | Texas Supreme Court |
Action by Annie E. English against the New York Life Insurance Company. Judgment of court of civil appeals (70 S. W. 440) amending a judgment in favor of plaintiff, and each party brings error. Reversed.
Denman, Franklin & McGown, for plaintiff in error. F. Vandervoort, for defendant in error.
The application of plaintiff in error presents the same questions that were decided by this court in answer to certified questions propounded by the Court of Civil Appeals. 67 S. W. 884, 4 Tex. Ct. Rep. 605. In determining those questions, we construed the law of New York as we understand it in the light of the decisions of the courts of that state, and we see no reason to change our conclusion as to the proper construction of that statute. We shall, therefore, not further discuss the questions which have heretofore been determined. The facts will be found in the report of our former decision, and we will only state here such as are necessary to the determination of the questions herein discussed.
The New York Life Insurance Company issued a policy of insurance upon the life of William E. English, payable to Annie E. English, his wife, for the sum of $3000, to be paid in 10 annual installments of $300 each; the first payment to become due upon the delivery to the insurance company of proof of death of said William E. English. William E. English died October 19, 1900, and proof of his death was presented to the insurance company December 20, 1900, when demand was made for payment of the first installment of $300, which being refused by the insurance company, this suit was instituted on February 2, 1901, in the district court of Dimmit county, to recover of the insurance company the full amount of the policy, with interest at 6 per cent. per annum, 12 per cent. damages, and attorney's fees. It was alleged that, by reason of the failure and refusal of the insurance company to pay the first installment, the entire sum named in the policy became due. At the trial in the district court the presiding judge instructed the jury to find for the plaintiff, Annie E. English, a verdict against the insurance company for the sum of $3,000 with 6 per cent. interest from the 20th day of December, 1900, 12 per cent. statutory damages, and 10 per cent. attorney's fees. The jury returned a verdict in accordance with the charge, and judgment was entered in conformity to the verdict. Upon appeal to the Court of Civil Appeals, the judgment of the district court was reversed, and a judgment rendered in favor of Annie E. English against the insurance company for $3000, with execution for the first installment of $300, and 6 per cent. interest, 12 per cent. damages, and 10 per cent. attorney's fees upon that amount; and that, at the end of each year from the 20th day of December, 1901, execution should issue in favor of the plaintiff against the insurance company for $300, with interest from that date until paid. The Court of Civil Appeals gave judgment for Annie E. English against the insurance company for the costs of the district court, and against her in favor of the insurance company for the costs of the Court of Civil Appeals. A writ of error was granted in favor of each party.
The insurance company objects to the judgment of the Court of Civil...
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