NATIONAL LIFE UNDERWRITERS v. MILLER

No. 15558.

274 S.W.2d 169 (1954)

NATIONAL LIFE UNDERWRITERS, Appellant, v. Byron P. MILLER, Appellee.

Court of Civil Appeals of Texas. Fort Worth.

Rehearing Denied January 14, 1955.


Attorney(s) appearing for the Case

Luna, McCarthy & Berzett, and Earl Luna, Dallas, for appellant.

Clark & Ladwig, and Chester Clark, Fort Worth, for appellee.


RENFRO, Justice.

Appellee Byron P. Miller sued appellant National Life Underwriters for damages for the alleged wrongful cancellation of a policy. By supplemental petition he alleged the appellant was guilty of fraud, deceit and misrepresentations, in that the agent who sold him the policy represented that it would continue in force as long as premiums were paid.

The appellant plead, under oath, that the agent had no authority to make the representations alleged...

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