Texas Mut. Life Ins. Co. v. Bryan, 2497.
| Decision Date | 24 January 1934 |
| Docket Number | No. 2497.,2497. |
| Citation | 67 S.W.2d 1106 |
| Parties | TEXAS MUT. LIFE INS. CO. v. BRYAN. |
| Court | Texas Court of Appeals |
Appeal from Shelby County Court; Clarence Samford, Judge.
Action by A. L. Bryan against the Texas Mutual Life Insurance Company. From an adverse judgment and an order overruling its plea of privilege, defendant appeals.
Reversed, and cause remanded, with instructions.
Davis, Avery & Wallace, of Center, for appellant.
Dallas Ivey, of Center, for appellee.
In 1927 appellant issued to Mrs. Mary E. Bryan, wife of appellee, a policy of life insurance. According to the allegations of appellee, who was plaintiff below, the appellant, through its local agent, Ed Green, agreed at the time the policy was issued that it would draw drafts on appellee through the Farmers' State Bank of Center for the premiums on said policy as they should fall due. Appellee drew the drafts and collected the premiums in that manner through the bank until July, 1931, when, without any notice to appellee, it failed to draw the drafts for the premiums and wrongfully canceled the policy and refused to reinstate it. The condition of Mrs. Bryan's health was, at the time of the cancellation of the policy, and has been at all times since, such that she could not obtain other insurance. Appellee filed this suit to recover all premiums paid by him to appellant on the policy, amounting to $312.50. He also sued for attorney's fee in the amount of $150. Appellant filed a plea of privilege in proper form, claiming the right to be sued in McLennan county where its home office is located. Appellee filed a controverting plea, and on a hearing to the court the plea was overruled, and appellant duly excepted and gave notice of appeal. The suit was then tried on the merits and resulted in a judgment for appellee for the amount of $312.50. This appeal is from the order overruling the plea of privilege, as well as from the main judgment.
The trial court committed reversible error in overruling appellant's plea of privilege. The plea having been seasonably filed and presented, the burden was upon appellee to show, by pleading and proof, that his suit comes within one of the exceptions set forth in article 1995, R. S. 1925, as amended (Vernon's Ann. Civ. St. art. 1995), to exclusive venue in the county of one's residence. This he did not do. Though appellee alleged in his controverting affidavit that appellant had a local...
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...the same as that of Section 28 of Article 1995 of the Revised Civil Statutes of 1925. The Court of Civil Appeals, in Texas Mutual Life Insurance Co. v. Bryan, 67 S.W.2d 1106, citing and following Reliance Life Insurance Co. v. Robinson, supra, held that a suit to recover all premiums paid o......
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