Legal Opinion
Prudential Insurance Co. of America v. Franklin
Court of Appeals of Georgia
Decided May 9, 1935No. 24422PublishedCited by 9 opinions
1Opinion of the CourtJenkins, P. J.
1. “Before tlie presumption of the receipt of a letter by the addressee arises, the evidence must affirmatively show that the letter was written, properly addressed and stamped, and mailed.” Rawleigh Medical Co. v. Burney, 25 Ga. App. 10 (102 S. E. 358); Ailey v. Lindale Co-operative Store, 33 Ga. App. 63 (3), 64 (125 S. E. 717); Cheeves v. Ayers, 43 Ga. App. 454 (159 S. E. 299). Such a presumption is not conclusive, and “is entirely overcome by the uncontradicted evidence of the addressee that the letter was never received by him, unless there is aliunde evidence that it was in fact…
2Cases cited11 opinions
- Bass Dry Goods Co. v. Granite City Manufacturing Co.Supreme Court of Georgia · 1903
- Rawleigh Medical Co. v. BurneyCourt of Appeals of Georgia · 1920
- Bank of the University v. TuckSupreme Court of Georgia · 1895
- Union Brokerage Co. v. Beall Bros.Court of Appeals of Georgia · 1923
- Home Insurance v. HeadCourt of Appeals of Georgia · 1927
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
- Interstate Financial Corp. v. AppelCourt of Appeals of Georgia · 1975
- Sturdivant v. Allstate InsuranceCourt of Appeals of Georgia · 1977
- Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
- Interstate Financial Corp. v. AppelCourt of Appeals of Georgia · 1975
4 more not listed; retrieve them via the Exa API.