Legal Opinion

Neal v. Cray

Supreme Court of Georgia

Decided December 21, 1905PublishedCited by 16 opinions

Complaint. Before Judge Holden. Glascock superior court. June 27, 1905. Suit was brought in a justice’s court and carried by appeal to the superior court. It was based on a promissory note dated December 15, 1904, due December 30, payable to the order'of the Union Central Life Insurance Compaq, and signed by Henrietta Neal. It bad on it the following endorsements: “The Hnion Central Life Insurance Co., By T. S. Lowry and Son, Mgrs.”

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Complaint. Before Judge Holden. Glascock superior court. June 27, 1905. Suit was brought in a justice’s court and carried by appeal to the superior court. It was based on a promissory note dated December 15, 1904, due December 30, payable to the order'of the Union Central Life Insurance Compaq, and signed by Henrietta Neal. It bad on it the following endorsements: “The Hnion Central Life Insurance Co., By T. S. Lowry and Son, Mgrs.” “Pay to the order of M. B. Gray, Agt., for collection only. T. S. Lowry & Son, Managers.” The suit was brought by M. B. Gray, “Agt.,” against the maker. The…

1Opinion of the CourtLumpKIN, J.

(After stating the facts.) 1. A policy of insurance may provide that the failure to pay any premium or any notes or interest upon notes given to the company for any premium, on or before the dates upon which such premiums, notes, or interest shall become due, shall avoid and nullify the policy without action on the part of the company or notice to the insured or beneficiary; and such a provision is valid and binding; 2 Joyce on Insurance, §1205. A condition of this character may be waived, or the company may be’ estopped from asserting it. Thus prompt payment may be waived by a course of…

2Cases cited18 opinions

  1. Alabama Gold Life Insurance v. GarmanySupreme Court of Georgia · 1885
  2. Rice v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
  3. Atlanta Consolidated Bottling Co. v. Hutchinson & SonsSupreme Court of Georgia · 1900
  4. Sullivan v. Connecticut Indemnity Ass'nSupreme Court of Georgia · 1897
  5. Grant v. Alabama Gold Life InsuranceSupreme Court of Georgia · 1886

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

3Cited by16 opinions

  1. Sheffield v. Johnson County Savings BankCourt of Appeals of Georgia · 1907
  2. Hancock v. Empire Cotton Oil Co.Court of Appeals of Georgia · 1915
  3. Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
  4. Kelley v. Carolina Life InsuranceCourt of Appeals of Georgia · 1933
  5. State Life Insurance v. TylerSupreme Court of Georgia · 1917

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

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