Southland Life Ins. Co. v. Gatewood

LOOÑEY, Justice.

Joe Wilkens Gatewood, appellee, brought this suit on the theory of an anticipatory breach of an insurance contract. On June 23, 1923, the American Re-Insurance Company issued a policy on the life of appellee in the principal sum of $2,500, which was later assumed by the Southland Life Insurance Company, appellant herein.

Appellee alleged that, at the time he received the injuries hereinafter mentioned, the policy was in full force and effect; that the annual premium due'1 June 23, 1933 (the anniversary date of the policy), was included in and paid by the delivery to and the…