Court of Appeals of Texas October 18, 1935, No. 1492. (Wagstaff v. North British & Mercantile Ins. Co.)

GRISSOM, Justice.

For convenience, the parties will be referred to as in the trial court.

The plaintiff, E. L. Wagstaff, filed this suit against the North British & Mercantile Insurance Company, Limited (which company will hereafter be referred to as insurance company), and C. V.