Legal Opinion

Southern Life Insurance v. Wilkinson

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 25 opinions

Insurance. Admissions. Evidence. Witness. Experts. Production of papers. Charge of Court. Warranty. Before Judge Hill. Bibb Superior Court.

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Insurance. Admissions. Evidence. Witness. Experts. Production of papers. Charge of Court. Warranty. Before Judge Hill. Bibb Superior Court. October Adjourned Term, 1873. Defendants in error, the widow ánd son of the assured, declared, in an action of debt on a policy on the life of the husband and father for $10,000 00. Plaintiff in error pleaded the general issue, and that the policy was null and void, in that deceased made misstatements as to his age, and also as to his health, stating that he was in good health and free from any symptoms of disease at the date of his application, and that…

1Opinion of the Court

Trippe, Judge.

1. The question made in the third.ground of the motion for a new trial, is, as to the admissibility of the testimony of J. W. Warren, by whom it was proposed to prove certain ad*545missions of Mrs. Wilkinson, one of the plaintiffs. This is the first point we notice — the first and second grounds being generally that the verdict is contrary to law and the evidence, which, under the judgment we render, it is unnecessary to consider. The court, on the trial, ruled out these admissions. In this we think there was error. The policy of insurance recites that the premium was paid by the…

2Cases cited1 opinion

  1. Armstrong v. FarrarSupreme Court of Missouri · 1844

3Cited by25 opinions

  1. City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
  2. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  3. Preston v. National Life & Accident InsuranceSupreme Court of Georgia · 1943
  4. Northwestern Life Insurance v. MontgomerySupreme Court of Georgia · 1902
  5. Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934

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