Legal Opinion

Boykin v. Franklin Life Insurance

Court of Appeals of Georgia

Decided June 22, 1914No. 5427PublishedCited by 8 opinions

Complaint; from city court of LaGrange — Judge Harwell. December 9, 1913.

1Opinion of the CourtWade, J.

1. “It being undisputed,' in the evidence, that the insured retained in his possession the policy of insurance (with a receipt, acknowledging the payment of the first premium, attached thereto), and made no effort to return the contract of insurance to the insurer, merely expressing dissatisfaction therewith and inability to pay the note given for the premium, a verdict for the defendant, in a suit brought by the insurance company upon a note given for a premium upon the policy, was contrary to law. The insured can not defeat payment of the premium upon a policy of insurance, issued at his…

2Cases cited3 opinions

  1. Weaver v. RobersonSupreme Court of Georgia · 1910
  2. Shedden v. HeardSupreme Court of Georgia · 1900
  3. Franklin Life Insurance v. BoykinCourt of Appeals of Georgia · 1912

3Cited by8 opinions

  1. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
  2. Feltman v. National Bank of Ga.Court of Appeals of Georgia · 1978
  3. Bernstein v. PetersCourt of Appeals of Georgia · 1943
  4. Northern Assurance Co. v. MeyerMichigan Supreme Court · 1916
  5. Venable v. PayneCourt of Appeals of Georgia · 1976

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