Legal Opinion

Cherokee Life Insurance v. Banks

Court of Appeals of Georgia

Decided August 22, 1914No. 5749PublishedCited by 3 opinions

Action on insurance policy; from city court of Brunswick—Judge Krauss. November 10, 1913. Ben Banks, his wife, her son-in-law, Henry Wilson and Wilson’s wife and “small” son, Johnnie Wilson, lived in the same house. In April, 1912, Banks, his wife, and Henry Wilson each applied for life insurance in the National Assurance Company of Atlanta, Georgia. The policy issued to Wilson was for $255, and was made payable to his son Johnnie.

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Action on insurance policy; from city court of Brunswick—Judge Krauss. November 10, 1913. Ben Banks, his wife, her son-in-law, Henry Wilson and Wilson’s wife and “small” son, Johnnie Wilson, lived in the same house. In April, 1912, Banks, his wife, and Henry Wilson each applied for life insurance in the National Assurance Company of Atlanta, Georgia. The policy issued to Wilson was for $255, and was made payable to his son Johnnie. Wilson paid the premiums on it of 15 cents weekly “until he got tired and wanted to put it down,” and he then told Banks that Banks could have Johnnie Wilson’s…

1Opinion of the CourtWade, J.

(After stating the foregoing facts.) It appears from the record and from the briefs of counsel that the sole question to be determined is whether the plaintiff Avas entitled to recover as assignee of a life-insurance policy originally issued to the insured and on his application, and on which the first premium and a number of succeeding premiums Avere paid by the insured himself, and in which originally the son of the insured was named as the beneficiary, but alterarás the plaintiff’s name was substituted as beneficiary, at the suggestion of the insured and by his request, and with the…

2Cases cited7 opinions

  1. Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
  2. Rylander v. AllenSupreme Court of Georgia · 1906
  3. Quillian v. JohnsonSupreme Court of Georgia · 1905
  4. Ancient Order United Workmen v. BrownSupreme Court of Georgia · 1901
  5. Chandler v. Mutual Life & Industrial Ass'nSupreme Court of Georgia · 1908

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. National Life & Accident Insurance v. HankersonCourt of Appeals of Georgia · 1934
  2. Gulf Life Insurance v. DavisCourt of Appeals of Georgia · 1936
  3. Interstate Life & Accident Co. v. FrazierCourt of Appeals of Georgia · 1930

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