Texas Mutual Life Insurance v. Davidge

Citations

• 51 Tex. 244

Syllabus

<p>1. Pleadings—Consideration.—A petition seeking to recover on a policy of insurance, is insufficient on demurrer unless it allege a consideration supporting the policy sued on.</p> <p>2. Venue—Corporation.—A suit against an incorporated company in a county other than where its principal office is, should distinctly allege that it is an incorporated company. The description of it as the “Texas Mutual Insurance Company” is insufficient.</p> <p>3. Consideration of policy—Power of agent.—It was error to exclude testimony showing that the act of an agent of an insurance company, in agreeing to accept payment of a premium otherwise than in money, was beyond the scope of his authority.</p> <p>4. Beceipt for money.—Tiie receipt for the premium recited in a policy of insurance, is subject to explanation, and may, as other receipts, be contradicted by parol testimony.</p> <p>5. False or fraudulent.—In an action on a policy of insurance, the plea being false representations in obtaining it: Held, A charge that, to avoid the policy, the misrepresentations must be found false and fraudulent, was erroneous, when the stipulations in the policy were to avoid it if the representations were false or fraudulent.</p> <p>0. Pleading—Avoidance—Drunkenness.—In a suit on an insurance policy, a plea of misrepresentation as to habits as to drunkenness on the part of assured: Held, That evidence, in reply, that the drunkenness of the assured was known to the agent of the company, could not be introduced in absence of replication setting it up.</p>