Legal Opinion

Mutual Benefit Life Insurance v. Ruse

Supreme Court of Georgia

Decided July 15, 1850No. 89PublishedCited by 19 opinions

Attachment, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. On the 15th of July, 1846, the Mutual Benefit Life Insurance Company issued to John C. Ruse a policy of insurance upon the life of Ira D. Bugby, for the sum of $2000, at an annual premium of $97 40, “ to be paid on or before the 10th day of April in every year,” and reciting, that “in case the said John C. Ruse shall not pay the said annual premium on or before the several days hereinbefore…

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Attachment, in Muscogee Superior Court. Tried before Judge Alexander, May Term, 1850. On the 15th of July, 1846, the Mutual Benefit Life Insurance Company issued to John C. Ruse a policy of insurance upon the life of Ira D. Bugby, for the sum of $2000, at an annual premium of $97 40, “ to be paid on or before the 10th day of April in every year,” and reciting, that “in case the said John C. Ruse shall not pay the said annual premium on or before the several days hereinbefore mentioned for the payment thereof,” then the policy to be void. By the “ prospectus,” &c. contained in a printed…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The errors assigned grow out of the refusal of the Court below to award a new trial at the instance of the defendant below. The specifications of error are, the grounds taken in the rule for a new trial. But counsel for the plaintiff in error relied, before this Court, only upon two of those grounds, to-wit:

1st. Because the Court erred in permitting said pamphlet, or any portion thereof, to be read in evidence on the trial of said case.

2d. Because the Court erred in this, that when the attorney for the plaintiff requested him to charge the…

2Cases cited5 opinions

  1. Fowler v. Ætna Fire InsuranceNew York Supreme Court · 1831
  2. Columbian Insurance v. CatlettSupreme Court of the United States · 1827
  3. Higginson v. DallMassachusetts Supreme Judicial Court · 1816
  4. Phœnix Fire Insurance v. GurneeNew York Court of Chancery · 1828
  5. Jenks v. HalletNew York Supreme Court · 1803

3Cited by19 opinions

  1. Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
  2. Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
  3. American Mutual Liability Insurance v. CurrySupreme Court of Georgia · 1938
  4. Lantz v. Vermont L. Ins.Supreme Court of Pennsylvania · 1891
  5. Richardson v. American Nat. Ins. Co.Louisiana Court of Appeal · 1931

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