Johnston v. Coney
Supreme Court of Georgia
Equitable petition. Before Judge Roberts. Pulaski superior court. August 13, 1903. cited, as to equity of creditor paying premiums and holding policy, Civil Code, § 3159; Ga. R. 59/862; 76/272; 98/534; 115/932; 2 Am. & Eng. Ene. L. (2d ed.) 1015, 1056, 1057; 19 Id. 93, 94; 2 May on Ins. § 395; 161 Mass. 321; 5 Rich. Eq. 274; 111 Ind. 578 (12 N. E. 518); 144 Pa.
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Equitable petition. Before Judge Roberts. Pulaski superior court. August 13, 1903. cited, as to equity of creditor paying premiums and holding policy, Civil Code, § 3159; Ga. R. 59/862; 76/272; 98/534; 115/932; 2 Am. & Eng. Ene. L. (2d ed.) 1015, 1056, 1057; 19 Id. 93, 94; 2 May on Ins. § 395; 161 Mass. 321; 5 Rich. Eq. 274; 111 Ind. 578 (12 N. E. 518); 144 Pa. St. 223 (22 Atl. 865); 52 N. J. L. 240; 68 N. Y. 625; 59 Minn. 39; 17 Yes. 253; 29 Beav. 79; 2 Ch. Cas. 26 ; 10 Yes. 360; 1 P. Wms. 607. cited Civil Code, § 3159; Bisp. Eq. (5th ed.) §§ 78, 81, p. 136; 15 Am. & Eng. Ene. L. (2d ed.)…
1Opinion of the CourtEvans, J.
The original petition filed by the plaintiff in this case alleged, substantially, that G. D. Mashburn & Company were creditors of A. J. Doster, and to secure his indebtedness that firm took out and held a policy of insurance in the Fidelity Insurance Company of Philadelphia, on the life of their debtor, Doster, for the sum of $2,000, which policy by mistake of the parties was made payable to the representatives of Doster instead of to Mash-burn & Company as their interest might appear. During the lifetime of Doster, Mashburn & Company, his creditors, never had the policy of insurance…
2Cases cited2 opinions
- Davis v. DavisSupreme Court of Georgia · 1891
- Pierce v. ParrishSupreme Court of Georgia · 1900
3Cited by16 opinions
- Georgia Railroad & Banking Co. v. WrightSupreme Court of Georgia · 1906
- Brown v. KendrickSupreme Court of Georgia · 1926
- Stewart v. EllisSupreme Court of Georgia · 1908
- Pierce v. HarrisonSupreme Court of Georgia · 1945
- Wiley v. StateCourt of Appeals of Georgia · 1907
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