Port Iron & Supply Co. v. Casualty Underwriters

BOND, Chief Justice.

This is an appeal from an order overruling a plea of privilege. The issue involved is the insufficiency of the evidence to show venue of the suit in Dallas County. Appellee sued appellant to recover premiums due on two certain policies of insurance, and sought to maintain venue in Dallas County, under section 5 article 1995, R.S., Vernon’s Ann.Civ.St. art. 1995, subd. 5, providing for a suit in the county in which a defendant has contracted in writing to perform an obligation. The terms of the obligation and its execution are the venue facts to be determined on this appeal.