SHALLER v. COMMERCIAL STANDARD INSURANCE COMPANY

No. A-6420.

309 S.W.2d 59 (1958)

B. N. SHALLER and Walter Shaller, Petitioners, v. COMMERCIAL STANDARD INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied February 5, 1958.


Attorney(s) appearing for the Case

Gibson Ochsner, Harlan, Kinney & Morris, Amarillo, for petitioner.

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, for respondent.


NORVELL, Justice.

This is an action to recover upon two insurance policies for the sums of $25,000 and $10,000 issued by Commercial Standard Insurance Company to Bertha N. Shaller and Walter Shaller respectively. Despite jury findings to the contrary, the Court of Civil Appeals held that the evidence disclosed as a matter of law that (a) Walter Shaller, as the agent of his mother Bertha N. Shaller, was authorized to agree to the cancellation of the policy issued in...

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