Washington Nat. Ins. Co. v. Craddock
Decision Date | 20 October 1937 |
Docket Number | No. 2100-6945.,2100-6945. |
Citation | 109 S.W.2d 165 |
Parties | WASHINGTON NAT. INS. CO. v. CRADDOCK. |
Court | Texas Supreme Court |
Craddock was plaintiff in the trial court and the Insurance Company was defendant. That court sustained a general demurrer to plaintiff's petition and, upon his declining further to amend, dismissed the cause. The Court of Civil Appeals decided that the petition stated a cause of action, and accordingly reversed the judgment of the trial court and remanded the cause thereto for trial on its merits. 83 S.W.(2d) 689, 690. The suit was upon a policy of accident insurance. A recovery of more than $1,400 was sought, including attorney's fees and penalties.
The petition is well summarized in the opinion of the Court of Civil Appeals as follows:
We have concluded that the general demurrer was properly sustained. The question presented is not whether the act of the Insurance Company in...
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