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UNITED FOUNDERS LIFE INSURANCE COMPANY v. CAREY

No. A-8519.

363 S.W.2d 236 (1962)

UNITED FOUNDERS LIFE INSURANCE COMPANY, Petitioner, v. Glynda Bruce CAREY et vir., Respondents.

Supreme Court of Texas.

Rehearing Denied January 16, 1963.

Attorney(s) appearing for the Case

Upton, Upton, Baker & Griffis, San Angelo, for United Founders Life Ins. Co.

Snodgrass, Smith & Rose, San Angelo, for Carey and husband.

HAMILTON, Justice.

This is a suit upon an alleged contract of life insurance, based upon an application to United Founders Life Insurance Company for life insurance and a "binding receipt" issued by such company, as distinguished from a suit upon a life insurance policy. The applicant, Billy Gene Bruce, died before any insurance policy was issued. Trial was to a jury and on the jury's verdict judgment was entered for respondent Glynda Bruce Carey, the surviving but...

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