Fox v. . Ins. Co.

WALKER and ADAMS, JJ., concurring; STACY, J., dissenting. This was an action to recover the sum of $3,000 on account of the alleged wrongful and negligent failure of defendant's agent to make delivery of the policy of insurance issued by defendant to plaintiff in accordance with agreement between them. When the application was taken it was stpiluated [stipulated] that the premium would be paid on the delivery of the policy.

The application was received in the home office of defendant in Chattanooga, Tenn., on 7 June, 1921, and was duly approved and accepted, and on 15 June, 1921, the policy…