MANHATTAN LIFE INSURANCE COMPANY v. HARKRIDER

No. A-11187.

402 S.W.2d 511 (1966)

The MANHATTAN LIFE INSURANCE COMPANY, Petitioner, v. Elizabeth B. HARKRIDER, Respondent.

Supreme Court of Texas.

Rehearing Denied May 25, 1966.


Attorney(s) appearing for the Case

Coleman Gay, Austin, for petitioner.

Gaynor Kendall, Austin, for respondent.


PER CURIAM.

The burden of proof was upon the petitioner to prove that the alleged misrepresentations by the insured were material to the risk. The jury refused to so find. We agree with the holding of the Court of Civil Appeals that there was evidence to support the answers of the jury. This is determinative of the case; therefore, we do not reach the other points of error urged by the petitioner. We refuse the application...

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