ROBERSON v. ALLSTATE INSURANCE COMPANY

No. 3246.

278 S.W.2d 179 (1955)

E. A. ROBERSON et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 28, 1955.


Attorney(s) appearing for the Case

Burford, Ryburn, Hincks & Ford, Robert E. Burns, Dallas, for appellants.

Thompson, Knight, Wright & Simmons, Pinkney Grissom, Timothy E. Kelley, Dallas, for appellee.


TIREY, Justice.

This is a suit on an automobile insurance policy brought by the owner of the automobile and the mortgagee against the insurance carrier. The trial court sustained defendant's motion for summary judgment and the plaintiff's have appealed. The cause is here by virtue of an order of the Supreme Court equalizing the dockets of the Courts of Civil Appeals.

The judgment is assailed on three points, and they are substantially: (1) the court erred...

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