Mutual Life & Loan Ass'n v. Jackson
| Decision Date | 17 November 1934 |
| Docket Number | No. 4567.,4567. |
| Citation | 76 S.W.2d 547 |
| Parties | MUTUAL LIFE & LOAN ASS'N OF AMERICA v. JACKSON. |
| Court | Texas Court of Appeals |
Sullivan & Wilson, of Dallas, for plaintiff in error.
Sam Williams, of Mt. Pleasant, for defendant in error.
This suit was brought by defendant in error, T. A. Jackson, in the county court of Franklin county, seeking to set aside a settlement and cancel a release, and to recover upon a mutual insurance policy issued on the life of Harry Pierson, an uncle of Jackson, and payable to Jackson as beneficiary named in the policy, for its face value in the sum of $1,000, issued by plaintiff in error, Mutual Life & Loan Association of America, a mutual assessment company. The settlement and written release of the claim sought to be canceled is alleged to have been procured by D. C. Tabor, president of the company, from plaintiff for an alleged inadequate sum, $25; that plaintiff was induced to make the settlement and sign the release relying upon certain alleged false and fraudulent representations made to him by said D. C. Tabor for the purpose of procuring the release from the plaintiff. The false and fraudulent representations alleged to have been made by Tabor to Jackson in procuring the release are, stated in substance: (1) That plaintiff's claim had been rejected by defendant's board of claims; and (2) that no assessment in payment of the claim could be made by the company upon the surviving members of the group in which this policy had been placed; and (3) that no assessment would be made by the company upon such surviving members in payment of the claim, whereas in truth and in fact plaintiff's claim had not been rejected by defendant's board of claims, and that the assessment was (subsequently) made and collected upon the surviving members for the amount herein sued for.
On trial of the case, the issues were determined by the jury in favor of plaintiff, and judgment was entered against defendant for the amount found to have been collected from the surviving members on the claim, in the sum of $256, less the $25 previously paid to plaintiff. The case is before us on writ of error sued out by defendant company.
Plaintiff in error by its brief presents the...
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FDIC v. Eagle Properties, Ltd.
...v. Ratcliff, supra, citing Buchanan v. Burnett, 102 Tex. 492, 119 S.W. 1141, 1142 (1909); Mutual Life & Loan Ass'n. v. Jackson, 76 S.W.2d 547, 548 (Tex.Civ.App.—Texarkana 1934, writ dism'd); Burcum v. Gaston, 196 S.W.2d 257, 259 (Tex.Civ.App.—Amarillo, 1917, no The Court is of the opinion t......
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Exxon Corp. v. Miesch
...facts, an action for fraud may be maintained. Id. (citing Buchanan v. Burnett, 119 S.W. 1141, 1142 (Tex. 1909); Mut. Life & Loan Ass'n v. Jackson, 76 S.W.2d 547, 548 (Tex. Civ. App.—Texarkana 1934, writdism'd); Burcum v. Gaston, 196 S.W.2d 257, 259 (Tex. Civ. App.—Amarillo 1917, no writ)). ......
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...for fraud may be maintained. Buchanan v. Burnett, 102 Tex. 492, 119 S.W. 1141, 1142 (1909); Mutual Life & Loan Ass'n v. Jackson, 76 S.W.2d 547, 548 (Tex.Civ.App.--Texarkana 1934, writ dism'd); Burcum v. Gaston, 196 S.W.2d 257, 259 (Tex.Civ.App.--Amarillo 1917, no writ). Thus, the Texas cour......
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