Winton v. Butler

ON MOTION EOR REHEARING.

That the draft in this case was held by Winton, under the facts of this case, does not alter the rule. In National Benefit Life Ins. Co. v. Brown, 41 Ga. App. 741 (154 S. E. 469), it was said: “Under the ruling . . in Veal v. Security Mutual Life Ins. Co., 6 Ga. App. 721 (65 S. E. 714), the retention by an insurance company of a dishonored insurance-premium check, coupled with a claim of liability thereon as against the insured, amounting to a claim of ownership of the check by the company, will constitute an acceptance of the check as in payment of the premium, such…