Texas Mut. Life Ins. Ass'n v. Burns

ALEXANDER, Justice.

Ernest Roy Burns and his wife sued the Texas Mutual Life Insurance Association, and alleged, in substance, that on December 30, 1927, the defendant issued and delivered to plaintiffs a mutual assessment insurance certificate in the sum of $5,000, payable to Mrs. Burns as beneficiary upon the death of Mr. Burns; and that, notwithstanding the plaintiffs had paid all dues and assessments and had fully performed their part of the contract, the defendant, on or about June, 1933, asserted that the policy had lapsed for fail-, ure to pay an assessment, repudiated the contract, and…