Kelley v. Carolina Life Insurance
Court of Appeals of Georgia
1Opinion of the CourtSutton, J.
1. An unauthorized act or transaction by an agent in excess of his authority becomes binding and obligatory upon his principal, if the latter, with knowledge of the facts, receives and retains the benefit thereof, since such acceptance of the benefit amounts to an implied ratification of such act, whether the principal intends thereby to ratify it or not. American Exchange Bank v. Georgia Consiruction &c. Co., 87 Ga. 657 (13 S. E. 505); Hughes v. Neal Loan & Banking Co., 97 Ga. 383 (23 S. E. 823).
2. There is a legal presumption, in the absence of proof to the contrary, that an agent has…
Also in this document: Concurrence.
2Cases cited8 opinions
- German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
- Georgia Masonic Mutual Life Insurance v. GibsonSupreme Court of Georgia · 1874
- Cherokee Brick Co. v. HamptonCourt of Appeals of Georgia · 1915
- Finleyson Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1914
- American Exchange National Bank v. Georgia Construction & Investment Co.Supreme Court of Georgia · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Medley v. Boomershine Pontiac-GMC Truck, Inc.Court of Appeals of Georgia · 1994
- Hendrix v. First Bank of SavannahCourt of Appeals of Georgia · 1990
- Nalley v. Hanover Fire InsuranceCourt of Appeals of Georgia · 1937
- Causey v. Gulf Life Insurance Co.Court of Appeals of Georgia · 1940
- Independent Life & Accident Insurance v. PantoneCourt of Appeals of Georgia · 1949
8 more not listed; retrieve them via the Exa API.