Booth v. Amicable Life Ins. Co.
| Decision Date | 03 October 1940 |
| Docket Number | No. 2317.,2317. |
| Citation | 143 S.W.2d 836 |
| Parties | BOOTH v. AMICABLE LIFE INS. CO. et al. |
| Court | Texas Court of Appeals |
Appeal from Nineteenth District Court, McLennan County; R. B. Stanford, Judge.
Suit by bill of interpleader by the Amicable Life Insurance Company against Mrs. Mary Elizabeth Booth and others, as claimants of amount due under insurance policies, in which a temporary injunction was issued enjoining each of the defendants from instituting any suit or proceeding on account of the proceeds due under the policies. Subsequently, Mrs. Mary Elizabeth Booth, individually and as temporary administratrix, filed a motion to dissolve the temporary injunction. From an order denying the motion to dissolve, Mrs. Booth appeals and the insurance company moves to dismiss the appeal.
Appeal dismissed.
Walter T. Keith and George N. Lusch, both of Houston, for appellant.
W. E. Terrell, and O. F. Jones, both of Waco, for appellees.
Amicable Life Insurance Company instituted this suit in the District Court of McLennan County, by bill of interpleader filed on February 22, 1940, against J. W. Renfro, Mrs. Ruth O. Booth Buvens and husband, and Mrs. Mary Elizabeth Booth, as claimants to the sum of $3,495.68 due on three certain policies of insurance issued to Euwell Booth as insured. The company admitted its liability to pay such sum to the rightful claimant, and simultaneously with the filing of its petition it deposited that amount into the registry of the court, there to abide judgment in the cause. It alleged that each of the defendants had asserted and was claiming the right to receive the entire amount due under such policies, and it plead facts showing that it was in real doubt as to which of the claimants was entitled to receive the proceeds. It further alleged that it was threatened with litigation by reason of such conflicting claims against which it had no adequate remedy at law. It prayed for the immediate issuance of a temporary injunction, enjoining each of the defendants from instituting any suit or proceeding in any court on account of the proceeds due under said policies, and that upon final hearing, the court determine the cause and approve its payment into the registry of the court of the amount due under said policies, that it be discharged from further liability, and that such injunction be made permanent.
Upon the presentation of the petition, the trial court, without notice to the adverse parties, entered his order granting the injunction upon the filing of proper bond, and directed the clerk to issue the writ, together with a copy of the court's order requiring the defendants to file their respective answers or other defense to the bill of interpleader, on or before the beginning of the next regular term of court on the 11th day of March, 1940, and to show cause, if any they had, as to why the plaintiff should not be discharged from further liability, and recover its costs. The required bond having been filed and approved, the writ of injunction, together with a copy of the court's order granting the same, was properly issued and served on Mrs. Booth on February 26, 1940.
On March 8, 1940, Mrs. Booth, individually and in her capacity as temporary administratrix, filed in this cause her motion to dissolve the temporary injunction, alleging that on March 6, 1940, she had filed application in the probate court of Harris county to be appointed temporary administratrix of the estate of Euwell Booth, and that an order was then entered by such court so appointing her, with authority to prosecute claim for the funds which the Insurance Company had tendered into the registry of the district court of McLennan county. She also filed her plea in abatement, and her answer, consisting of general and special exceptions, a general denial, and her claim that neither J. W. Renfro nor Mrs. Buvens had any insurable interest in the life of the deceased at the time of his death, and she prayed that the funds tendered into court by the plaintiff be turned over or transferred to the county court of Harris county, or to her as temporary administratrix, and for such other and further relief as she may show herself entitled to.
On March 9th, Mrs. Buvens and J. W. Renfro each filed a separate answer and cross petition, each alleging facts showing a right to recover from the insurance company the total amount due under said policies, and each praying for judgment against the insurance company for such amount, or in the alternative, that the clerk of the court be ordered to pay the entire proceeds from said policies to each of them respectively.
On March 23d, the motion of Mrs. Booth to dissolve the injunction, and her plea in abatement and exceptions came on to be heard, at which time the plaintiff introduced evidence in support of the material allegations in its bill. After hearing the evidence, the trial court immediately announced his rulings on the matters presented but the order evidencing such rulings was not actually signed and entered of record in the minutes of the court until April 1, 1940. The order as entered is quite lengthy, consisting of findings of fact in keeping with the allegations in the plaintiff's bill of interpleader, and against the contentions urged by Mrs. Booth in her motion to dissolve. Such order provides in substance that the action of the insurance company in filing its bill of interpleader and in paying the net amount of the proceeds of said policies into the registry of the court, is in all things permitted and approved; that the motion to dissolve injunction, as well as the plea in abatement, demurrers, and all exceptions relating to said bill of interpleader, are overruled; that the insurance company is discharged and relieved from all further liability in connection with the issuance of said three policies of insurance, and that such liability is in all things whatsoever, and to all persons whomsoever, terminated, and that the...
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