Stansall v. Columbian National Life Insurance
Court of Appeals of Georgia
Action on insurance policy; from city court of Atlanta — Judge Reid. January 22, 19&1. Application for certiorari was denied by the Supreme Court.
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Action on insurance policy; from city court of Atlanta — Judge Reid. January 22, 19&1. Application for certiorari was denied by the Supreme Court. The suit as brought in 1913 by Mrs. Mulkey, now Mrs. Stansall, against the defendant insurance company, on a policy dated March 4, 1911, showed on the face of the petition itself that a portion of the premium was covered by two promissory notes which had never been paid, and that the notes provided by their terms that the policy would become null and void upon their nonpayment at maturity. The petition, despite such provision in the premium notes,…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) The ruling in the first heaclnote, when taken in connection with the above statement of facts, does not seem to require further elaboration. Something additional may properly be 'said in regard to the rulings in the 2d and 3d heaclnotes. It is the contention of learned counsel for the insurance company that neither of the rulings made by this court in Columbian National Life Insurance Co. v. Mulkey, 13 Ga. App. 508, and 19 Ga. App. 247, can properly be taken as the law of this case, so as to exclude the defense made by virtue of the stipulation contained…
2Cases cited7 opinions
- Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
- McElmurray v. BlodgettSupreme Court of Georgia · 1904
- Heidt v. MinorCalifornia Supreme Court · 1896
- Continental Life Insurance v. HouserIndiana Supreme Court · 1887
- Atlanta Post Co. v. McHenryCourt of Appeals of Georgia · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ferguson v. BishopCourt of Appeals of Georgia · 1979
- McRae v. BoykinCourt of Appeals of Georgia · 1945
- Pittman v. IngramSupreme Court of Georgia · 1937