Legal Opinion

National Life & Accident Insurance v. Hankerson

Court of Appeals of Georgia

Decided July 19, 1934No. 23520PublishedCited by 20 opinions

1Opinion of the CourtJenkins, P. J.

1. “The presumption arising from seven years absence of a person from his accustomed place of abode, unheard from, raises not only a presumption of death, but also a presumption of death at the 'end of the seven-year period, in the absence of proof to the contrary.” Gantt v. American National Insurance Co., 173 Ga. 323 (160 S. E. 345); Jennings v. Longino, 177 Ga. 591, 599 (170 S. E. 806). These, however, are but prima facie presumptions, subject to rebuttal by proof. Civil Code (1910), § 5740; Penal Code, § 1016. “Where it is sought to raise a presumption of death, by reason of the absence…

2Cases cited13 opinions

  1. Harp v. Fireman's Fund InsuranceSupreme Court of Georgia · 1908
  2. Union Fraternal League v. WaltonSupreme Court of Georgia · 1899
  3. Ancient Order United Workmen v. BrownSupreme Court of Georgia · 1901
  4. Hansen v. OwensSupreme Court of Georgia · 1909
  5. Jones v. TeasleyCourt of Appeals of Georgia · 1920

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

3Cited by20 opinions

  1. Saliba v. SalibaSupreme Court of Georgia · 1947
  2. Jefferson Standard Life Insurance v. BentleyCourt of Appeals of Georgia · 1937
  3. Overstreet v. NickelsenCourt of Appeals of Georgia · 1984
  4. Patrick v. Travelers InsuranceCourt of Appeals of Georgia · 1935
  5. Atlanta Laundries Inc. v. GoldbergCourt of Appeals of Georgia · 1944

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API