Commonwealth Life Insurance Co. v. Spears

Opinion of the Court by

Judge Thomas

— Reversing.

On July 3, 1923, the appellant and defendant below, Commonwealth Life Insurance Company, issued two joint policies on the lives1 of appellee and plaintiff 'below, Ballard Spears, and his wife, Dolly Spears, the- survivor to be the beneficiary in each one. On March 19, 1924. another similar policy was issued for the same amount. On June 7, 1924, the wife, Dolly Spears, died; defendant declined to pay the policies, and plaintiff brought this action against it to recover $3,000, the total amount of all of them. Two defenses were interposed, (a) that…