LEE v. NATIONAL LIBERTY INS. CO. OF AMERICA

No. 77.

35 F.Supp. 898 (1940)

LEE et al. v. NATIONAL LIBERTY INS. CO. OF AMERICA.

District Court, N. D. Texas, Wichita Falls Division.

November 27, 1940.


Attorney(s) appearing for the Case

Berry, Warlick & Bunnenberg, of Vernon, Tex., for plaintiffs.

Thompson, Knight, Baker, Harris & Wright (by William Neary and Will C. Thompson) all of Dallas, Tex., for defendant.


ATWELL, District Judge.

The question involved is somewhat difficult. The courts have been seldom called upon to consider and find the differences between an open or valued policy.

Such learning as counsel has presented has been carefully considered.

A salient and very important consideration is the agreement of the parties. That, of course, is high ground. At first blush, it appeared to me that the contention of the plaintiffs had a great many elements...

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