Lincoln Life Insurance v. Anderson

Russell, Judge.

“A ground of a motion for new trial is without merit when based solely on the fact that a principle of *240law which the movant insists should have been given in charge was omitted in the instructions originally given to the jury, but was given in a recharge to the jury.” Blount v. Dean, 187 Ga. 494 (7) (1 SE2d 653). Special ground 5 of the amended motion for new trial is without merit.

The defendant insurance company in this case had two and only two defenses. It pleaded facts, and offered testimony to show, (a) that at the time the deceased applied for the policy of life insurance…