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AMERICAN CASUALTY & LIFE INSURANCE CO. v. PARISH

No. 3948.

355 S.W.2d 781 (1962)

AMERICAN CASUALTY & LIFE INSURANCE COMPANY, Appellant, v. R. W. PARISH, Appellee.

Court of Civil Appeals of Texas, Waco.

March 1, 1962.

Attorney(s) appearing for the Case

John Maxfield, Dallas, for appellant.

Musslewhite & Musslewhite, Lufkin, for appellee.

McDONALD, Chief Justice.

This is a suit by plaintiff Parish against defendant insurance company to recover as beneficiary $2000. allegedly owed under an alleged insurance policy (no policy having ever been delivered) upon the life of plaintiff's deceased wife. Defendant insurance company defended on the ground that no policy of life insurance had been applied for or issued on the life of plaintiff's wife. Trial was to a jury which, in answer to issues, found:

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