New York Life Ins. Co. v. Nessossis

McGehee, J.,

delivered a dissenting opinion.

The bill of complaint herein alleges that on January 20,1930, the appellant New York Life Insurance Company issued to Chapman C. Sutton a life insurance policy effective January 30, 1930, wherein it agreed to pay to Mrs. Mary E. A. Sutton, his wife, the sum of $2,000, provided the policy was kept in force by the payment of premiums; that the premiums were paid until the quarterly premium became due July 30, 1934; that the insured died on May 24, 1935, and that by reason of the full reserve value which had accrued under the policy, and was available…