Mutual Life Ins. Ass'n v. Smelley

WALKER, Chief Justice.

This was an action in district court, Na-cogdoches county, by appellee, 'Cleburn Smel-ley (defendant in error), against appellant Texas Standard Life Insurance Company, Inc. (plaintiff in error), and Mutual Life Insurance Association, upon a policy of life insurance in the sum of $2,500. Appellee alleged the due issuance and delivery of the policy to James E.' Smelley on August 5, 1931, that he was the heneficiary, and other facts necessary to constitute a cause of action for the principal amount of the policy; it was further alleged thát the $2,500 policy was issued in…