Southern Mutual Life Insurance v. Durdin
Supreme Court of Georgia
Action upon insurance policy. Before Judge Ellis.1 Fulton su-perior court. July 27, 1908. Anna Durdin brought suit against the Southern Mutual Life Insurance Association on a policy issued by it to William D. Durdin.
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Action upon insurance policy. Before Judge Ellis.1 Fulton su-perior court. July 27, 1908. Anna Durdin brought suit against the Southern Mutual Life Insurance Association on a policy issued by it to William D. Durdin. The only portion of the policy necessary to be set out is the following:' “The Southern Mutual Life Insurance Association, upon satisfactory proof of the death of the said William D. Durdin, the assured, and the surrender of this policy, will pay to estate, the beneficiary named in the application of the said assured, as many dollars as there are members of the branch above…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The only question made and argued in this case was whether the allegations of the petition showed an assignment of the insurance policy on the life of Durdin to the plaintiff. At common law choses in action were not assignable. Courts of equity did not recognize transfers of mere litigious rights, but did recognize assignments of choses in action, and looked upon the assignee as the true beneficial owner. In this State choses in action arising in contract are assignable in writing. The Civil Code of 1895, §3077, declares, “All choses in action arising upon…
2Cases cited7 opinions
- Rylander v. AllenSupreme Court of Georgia · 1906
- Walton v. HorkanSupreme Court of Georgia · 1901
- First National Bank v. Hartman Steel Co.Supreme Court of Georgia · 1891
- Stanford v. ConnerySupreme Court of Georgia · 1890
- Western Union Telegraph Co. v. RyanSupreme Court of Georgia · 1906
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- Brown Guano Co. v. BridgesCourt of Appeals of Georgia · 1925
- Jones v. Universal C. I. T. Credit Corp.Court of Appeals of Georgia · 1953
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