WIEDING v. KRISCH

No. 12726.

271 S.W.2d 458 (1954)

Orville L. WIEDING, Appellant, v. Mrs. Lydia KRISCH, Appellee.

Court of Civil Appeals of Texas, San Antonio.

September 22, 1954.


Attorney(s) appearing for the Case

House, Mercer & House, Roy C. Brock, San Antonio, for appellant.

O. Shelley Evans, San Antonio, for appellee.


POPE, Justice.

One question is presented by this appeal. When an insured person sues a third person, is his claim destroyed when his liability insurer, unknown to the insured, takes a release from the third person upon settlement of a claim by the third person against the insured? The trial court held that the release was not a bar to the insured's suit against the third person and gave the plaintiff judgment for $375.50.

The driver of Mrs. Lydia Krisch's...

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