On Motion for Rehearing.
Appellee insists that even though t we are correct in reversing the judgment; *328of the trial court overruling the plea of privilege, the cause should be remanded for &• new trial of that issue, citing several decisions supporting this announcement, in 43 Tex.Jur. par. 51, page 771:
“Although there has been some confusion in the Texas decisions, the rule now appears to be settled that where two or more causes of action are properly joined venue as to one of them will confer venue as to the other although in the absence of such joinder the defendant might have insisted on the trial of one of the causes in the .county of his residence.”
The decisions cited include Middlebrook & Brother v. David Bradley Mfg. Co., 86 Tex. 706, 26 S.W. 935; Warner v. Gohlman-Lester & Co., Inc., 117 Tex. 145, 298 S.W. 890; Stevens v. Willson, 120 Tex. 584, 39 S.W.2d 1088; Stevens v. Southern Ice & Utilities Co., Tex.Civ.App., 37 S.W.2d 240.
Plaintiff’s controverting plea was as follows :
“Now comes Mortimer Smith, plaintiff in the above entitled and numbered cause, and answers the plea of privilege filed by the defendant herein, answering says:
“That the said plea of privilege should not be sustained because a part of the cause of action herein, as shown by the amended petition filed in this cause, is based upon the issuance and delivery of a certain check in the sum of Twenty-five ($25.00) Dollars by the defendant to the plaintiff, said check being drawn on the Albany National Bank of Albany, Texas, and which check was cashed by the plaintiff herein and the face value of. said check paid to the defendant by the plaintiff at the time of the delivery of said ’check to the plaintiff by the defendant. That at the time of the delivery of said check and 'the receipt of said money by the defendant, the said defendant represented to the plaintiff that he had sufficient funds on deposit in the bank on’ which said check was drawn to pay the amount of the same and further that the said check would be paid upon presentation to said bank.
“That the plaintiff upon receipt of said check presented the same .promptly to the bank on which the same was drawn and payment thereof was refused and said check was returned to the plaintiff with the notation ‘account closed.’ That the said, check still 'remains unpaid and although plaintiff has demanded payment of same on numerous occasions, the said defendant has failed and refused to take up said check or to reimburse the plaintiff for the money expended by him.
“That the issuance and delivery of the check by the defendant to the plaintiff, the receipt of plaintiff’s money by the defendant and the representations by the defendant to the plaintiff at the time of the delivery of said check constituted a fraud on this plaintiff. That defendant well knew that he had no funds with which to pay the said check at the time and date aforesaid.
“That said fraud was committed in Tar-rant County, Texas, the residence of plaintiff herein, and the check was drawn and delivered in Tarrant County, and was delivered to the plaintiff in Tarrant County and the plaintiff paid-the defendant the money called for in said check in Tarrant County.
“Wherefore, plaintiff says that the conduct and fraud on the part of this defendant constitutes one of the exceptions to exclusive venue provided in the statutes of this State and that therefore the said plea of privilege should be overruled.”
Clearly the authorities cited are not applicable here, since the controverting plea does not allege two separate causes of'action. The only cause alleged wa*s for $25 procured by fraud by means of the check for that sum. There were no allegations of fact showing any other cause of action for fraud and that the issuance and collection of the check was a part of such fraudulent scheme.
The motion for rehearing is overruled.