American Assurance Ass'n v. Hardiman
Supreme Court of Georgia
Certiorari. Before Judge Hammond. Richmond superior court. July 29, 1905. Susie Hardiman sued the American Assurance Association of Atlanta, Georgia, in a justice’s court of Richmond county, for fifty dollars, on a life-insurance certificate issued by the association to C. M. Hardiman, in which she was named as the beneficiary.
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Certiorari. Before Judge Hammond. Richmond superior court. July 29, 1905. Susie Hardiman sued the American Assurance Association of Atlanta, Georgia, in a justice’s court of Richmond county, for fifty dollars, on a life-insurance certificate issued by the association to C. M. Hardiman, in which she was named as the beneficiary. The case was appealed to a jury in the justice’s court, and a verdict was rendered therein for the plaintiff for fifty dollars, which, upon review by the judge of the superior court on certiorari, was sustained, and the association excepted. On the jury trial it was…
1Opinion of the CourtFish, C. J.
(After stating the facts.) TJnder the express stipulations of the policy, it was forfeited upon the failure of the insured to pay the three weekly premiums due, respectively, November 21, November 28, and December 5, 1904. The policy could have been restored by the payment, during the third week, of all ar-rearages and the premiums for the next two following weeks, if the insured had been at that time in good health and had not suffered from disease or injury during the arrearage period. The evidence that the insured was, at the time a tender was made of a sufficient amount to cover the…
2Cases cited1 opinion
- Hutson v. Prudential InsuranceSupreme Court of Georgia · 1905
3Cited by3 opinions
- Hipp v. Fidelity Mutual Life InsuranceSupreme Court of Georgia · 1907
- Great Eastern Casualty Co. v. ReedCourt of Appeals of Georgia · 1916
- Shellnut v. Federal Life InsuranceCourt of Appeals of Georgia · 1930