New York Life Ins. Co. v. Boling

McGowen, J.,

delivered a dissenting opinion.

In filing this dissent I shall undertake to avoid an argument in extenso but shall content myself with a statement of the conclusions I have reached.

The main opinion, in effect, holds that the surrender charge of not more than one and one-half per cent, of the face of the policy, provided for in the policy, is not enforceable in this state for two reasons: (1) Because there was no physical, actual surrender of the policy by the insured, as held to be necessary in the case of New York Life Insurance Company v. Blaylock, 144 Miss. 541, 110 So. 432,…