Legal Opinion

Hatcher v. Equitable Life Assurance Society

Supreme Court of Georgia

Decided June 23, 1910Published

Equitable! petition. Before Judge Ellis. Fulton superior court. Mrs. Hammie F. Hatcher the surviving wife of Marshall J. Hatcher, deceased, and M. Felton Hatcher and Mrs. M. F. H. Clarke, who are his only surviving children, brought suit as .individuals and as the executors of his will against the Equitable Life Assurance Societ)’, to recover upon a policy of insurance issued by the defendant upon the life of the deceased, in which the plaintiffs were named as beneficiaries.

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Equitable! petition. Before Judge Ellis. Fulton superior court. Mrs. Hammie F. Hatcher the surviving wife of Marshall J. Hatcher, deceased, and M. Felton Hatcher and Mrs. M. F. H. Clarke, who are his only surviving children, brought suit as .individuals and as the executors of his will against the Equitable Life Assurance Societ)’, to recover upon a policy of insurance issued by the defendant upon the life of the deceased, in which the plaintiffs were named as beneficiaries. They alleged that the insured had paid each annual premium due from the time the policy was issued up to November 15,…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) No elaboration of the doctrine announced in the headnotes is necessary. Questions identical with that decided, or very similar thereto, have been passed upon and elaborately discussed by the courts of last resort in many of the States, and the line of authority supporting the proposition announced is almost unbroken. See Equitable Life Assurance Society v. Evans, 25 Texas, 563; Wells v. Vt. Life Ins. Co., 28 Ind. App. 620 (62 N. E. 501, 63 N. E. 578); Grevenig v. Washington Life Ins. Co., 112 La. 879 (36 So. 790); Keyser v. Mutual Life Ins. Co., 104 Ill.…

2Cases cited5 opinions

  1. Wells v. Vermont Life InsuranceIndiana Court of Appeals · 1902
  2. Grevenig v. Washington Life Ins.Supreme Court of Louisiana · 1903
  3. Universal Life Insurance v. WhiteheadMississippi Supreme Court · 1880
  4. Coffey v. Universal Life Ins.U.S. Circuit Court for the District of Eastern Wisconsin · 1881
  5. Keyser v. Mutual Life InsuranceAppellate Court of Illinois · 1902

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