Yore

— Appeal from an order changing the place of trial.

The action is one to recover the amount named in a policy of insurance issued by the defendant, a corporation, on the life of one Peter Yore, and was brought in the superior court of Yuba County.

The defendant is a corporation formed and existing under the laws of the state of California, and its principal place of business is in the city and county of San Francisco.

By section 16, article 12, of the constitution of this state, plaintiffs are entitled to bring this action either in *612 the county where the contract was made, or in the county where the principal place of business of the defendant corporation is situated, and the only question for determination here is as to the place where the contract sued upon was made, the appellants claiming that it was made in the county of Yuba, while the respondent insists that it was made in the city and county of San Francisco.

The motion was heard upon affidavits. It appears from the affidavits filed on behalf of respondent that the deceased, Peter Yore, made application in writing to the agent of respondent at Marysville in Yuba County, for a life insurance policy, and the…