Heath v. Lewis

2 Citing cases

  1. Necessary v. Gibson

    370 S.W.2d 550 (Tenn. 1963)   Cited 2 times

    The same is true of distinct causes of action arising ex contractu. 1 Am.Jur.2d, Actions, sec. 119. The former practice was approved in Bible v. Palmer, 95 Tenn. 393, 32 S.W.2d 249 (1895), where the Court sanctioned the joining of an action for malicious prosecution and an action for slander in the same declaration. Thus, in these two instances, the common law sanctioned the presentation, in one declaration, of distinct causes with distinct questions of law and fact. If the joinder in such cases is permissible, there would appear to be no good reason for denying joinder where one count sounds in tort and one count sounds in contract. If really diverse issues are presented in any given case, the Court can, under the authority of sec. 20-801, T.C.A., "direct separate trials of the issues."

  2. Board of Ins. Com'rs v. Great Southern Life

    150 Tex. 258 (Tex. 1951)   Cited 90 times
    Holding that multiple instruments executed at different times may be read together as a single writing if they were part of the same transaction

    Supreme Lodge United Benev. Ass'n v. Johnson, 98 Tex. 1, 81 S.W. 18; Watts et al. v. Mann et al., 187 S.W.2d 917, 924 (writ refused); Auto Transit Co. et al. v. City of Ft. Worth et al., 182 S.W. 685, 691 (writ refused). If there exists a reasonable basis for the classifications made, the validity of the law will be upheld. Friedman v. American Surety Co. of New York et al., 137 Tex. 149, 151 S.W.2d 570; Heath v. Lewis et al., Tex.Civ.App., 32 S.W.2d 249 (writ refused); Gerard et al. v. Smith et al., 52 S.W.2d 347 (writ refused). Legislation regulating the writing of life insurance is in the public interest. It safeguards the rights of the policyholder not alone by prescribing the form and contents of his policy but by undertaking as well to insure the solvency of the company with which he contracts.