Johnson v. White
Supreme Court of Georgia
Complaint. Before Judge Eoan. Clayton superior court. August 24, 1903. The defendants gave to White, the general agent of a life-insurance company, a note for the premium on a policy upon the life of one of them. In defense to a suit on the note they pleaded that it was procured by false representations of Holland, the plaintiff’s agent, who solicited them to take the insurance.
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Complaint. Before Judge Eoan. Clayton superior court. August 24, 1903. The defendants gave to White, the general agent of a life-insurance company, a note for the premium on a policy upon the life of one of them. In defense to a suit on the note they pleaded that it was procured by false representations of Holland, the plaintiff’s agent, who solicited them to take the insurance. These representations, as testified to, were, that they could borrow money in the fall to pay the premium note, aud after the first payment, if they so desired, they could surrender tbe policy and draw out all' tbe…
1Opinion of the CourtEvans, J.
1. Where an applicant for a life-insurance policy, though able to read and though having full opportunity to examine the written application presented by the soliciting agent for his signature, signed the same without reading it, relying on false representations made by such agent as to certain privileges which the insurance company would accord him if he procured the policy, and the policy subsequently issued and delivered to him was one corresponding with the kind for which the written application called, the applicant can not, as against a general agent of the company vs ho stands in the…
2Cases cited3 opinions
- Shedden v. HeardSupreme Court of Georgia · 1900
- Leigh v. BrownSupreme Court of Georgia · 1896
- Heard v. SheddenSupreme Court of Georgia · 1901
3Cited by15 opinions
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- King v. BrasingtonSupreme Court of Georgia · 1984
- Life Ins. Co. of Va. v. ConleyCourt of Appeals of Georgia · 1986
- Wilson Marine Sales & Service, Inc. v. Fireman's Fund InsuranceCourt of Appeals of Georgia · 1974
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