Caldwell v. Volunteer State Life Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Bonham.

Thomas M. Caldwell was for many years the clerk of the court for Cherokee County. He had a policy of insurance in the Southern State Life Insurance Company of Alabama, which company on March 3, 1931, sold and transferred its business and the policies then in force to the Volunteer State Life Insurance Company of Tennessee, which company assumed the obligations of insurance then in force.

A provision of the policy on the life of Caldwell was that, if the insured died while the policy was of force, the insurer would pay to the named…