Universal Automobile Ins. Co. v. Culberson, Motion No. 12207; No. 1906-6445.

• Court: Texas Supreme Court
• Writing for the Court: German
• Citation: Universal Automobile Ins. Co. v. Culberson, 87 S.W.2d 475 (Tex. 1935)
• Decision Date: 27 November 1935
• Docket Number: Motion No. 12207; No. 1906-6445.
• Parties: UNIVERSAL AUTOMOBILE INS. CO. v. CULBERSON et al.

Page 475

87 S.W.2d 475

UNIVERSAL AUTOMOBILE INS. CO. v. CULBERSON et al.

Motion No. 12207; No. 1906-6445.

Commission of Appeals of Texas, Section A.

November 27, 1935.

Error to Court of Civil Appeals of Tenth Supreme Judicial District.

On motion for rehearing.

Motion overruled.

For former opinion, see 86 S.W.(2d) 727.

T. R. Mears, of Gatesville, J. L. Goggans, of Dallas, and McClellan, Lincoln & Williams, of Waco, for plaintiff in error.

R. B. Cross and Robert W. Brown, both of Gatesville, for defendants in error.

GERMAN, Commissioner.

In motion for rehearing we are requested to clarify our opinion and state more fully our conclusions as to the right of D. H. Culberson to maintain suit in the following particulars:

First. For the benefit of Minnie Lou Witt in the amount in excess of $5,000.

Second. His right to maintain the suit to the extent of $750 for the benefit of his attorney in defending him in the suit by Minnie Lou Witt.

Third. His right to maintain the suit for the use and benefit of the officers of the court for the court costs.

In our opinion, we made it clear that under the terms of the contract, Miss Witt has no rights thereunder for any amount "exceeding the amount of the policy," to wit, $5,000, with interest thereon from the date of the entry of the judgment. It follows therefore that Culberson cannot...