295 S.W. 638 | Tex. App. | 1927
The rule seems to be well established that one dealing with an agent of a corporation does so at his peril and is charged with notice that an agent has no power to bind the corporation beyond the scope of his apparent authority. Texas State Mutual Fire Ins. Co. v. Leverette (Tex.Civ.App.)
Appellant contends as a matter of fundamental error that the judgment of the trial court should be reversed and rendered because it appears that the application was made by appellee for insurance on the life of his father without his father's knowledge or consent, and that the contract thereby became a wagering contract; and, further, that the appellee had no insurable interest in his father's life. There was no pleading raising these questions. We overrule appellant's contentions. The courts have uniformly held that a son has an insurable interest in his father's life. Maxey v. Franklin Life Ins. Co. (Tex.Civ.App.)
We have examined all of appellant's as signments of error, and same are overruled. The judgment of the trial court is affirmed.