Texas Mutual Life Insurance v. Davidge
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. September 4,1874, Martha E. Davidge brought suit in the District Court of Colorado county, alleging “ that on the 9th day of March, A. D. 1874, she obtained a policy of insurance in the Texas Mutual Life Insurance Company, .whose principal office is in the city of Galveston, in Galveston county, Texas, upon the life of her husband, William E. Davidge, for the sum of $2,000—gold dollars; that by the said policy of…
Read the full summary
Appeal from Colorado. Tried below before the Hon. L. Lindsay. September 4,1874, Martha E. Davidge brought suit in the District Court of Colorado county, alleging “ that on the 9th day of March, A. D. 1874, she obtained a policy of insurance in the Texas Mutual Life Insurance Company, .whose principal office is in the city of Galveston, in Galveston county, Texas, upon the life of her husband, William E. Davidge, for the sum of $2,000—gold dollars; that by the said policy of insurance the said'Texas Mutual Life Insurance Company covenanted and agreed to pay,” &c.; alleging his death, notice…
1Opinion of the Court
Gould, Associate Justice.
The court erred in overruling the demurrer to appellee’s petition: 1st. Because the petition failed to allege any consideration supporting the policy of insurance sued on. (1 Chit. Pl., 262; Gould’s Pl., sec. 27, p. 169; Jones v. Holliday, 11 Tex., 414.) 2d. Because the petition does not allege the corporate capacity of defendant, or otherwise state the party defendant. The description of the defendant as the “ Texas Mutual Life Insurance Company” raises no presumption that it was an incorporated company. (Paschal’s Dig., art. 1427; Briggs v. McCullough, 36 Cal., 542.)
2Cases cited2 opinions
- Briggs v. McCulloughCalifornia Supreme Court · 1869
- Stachely v. PeirceTexas Supreme Court · 1866
3Cited by17 opinions
- Murray v. Gulf, Colorado & Santa Fe Ry. Co.Texas Supreme Court · 1889
- Hardwicke v. Trinity Universal Ins. Co.Court of Appeals of Texas · 1935
- Lone Star Finance Corp. v. DavisCourt of Appeals of Texas · 1934
- Kerlin v. National Accident Ass'nIndiana Court of Appeals · 1893
- Agalianos v. American Central InsuranceCalifornia Court of Appeal · 1923
12 more not listed; retrieve them via the Exa API.