Jackson v. Southern Mutual Life Insurance
Supreme Court of Georgia
Attachment. Demurrer. Decided by Judge Snead, City Court of Augusta, November Term, 1865. The Southern Mutual Life Insurance Company, a corporation, for a certain annual premium, issued a policy insuring the life of William E. Sikes for $10,000.00. It was stipulated by the policy that the company would pay that sum to Sikes, his executors, administrators, and assigns, “ within sixty days after due notice and proof of the death of said William E. Sikes,” provided, (among…
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Attachment. Demurrer. Decided by Judge Snead, City Court of Augusta, November Term, 1865. The Southern Mutual Life Insurance Company, a corporation, for a certain annual premium, issued a policy insuring the life of William E. Sikes for $10,000.00. It was stipulated by the policy that the company would pay that sum to Sikes, his executors, administrators, and assigns, “ within sixty days after due notice and proof of the death of said William E. Sikes,” provided, (among other things,) that the policy was to be void if said Sikes “ shall enter into any military or naval service whatsoever (the…
1Opinion of the CourtWalker, J.
The obligation in this case is to pay “ within sixty days after due notice and proof of the death of said William E. Sikes.” Notice and proof are conditions precedent to a recovery in this case. Such are the terms of the contract. There is no allegation in this declaration that any such notice and proof were given to defendant, and in the argument it was admitted, as we understood it, that none was given before process was sued out. When would the right of action accrue by virtue of this policy ? When would the debt become due and payable ? The contract defines the rights of the parties, and…
2Cited by9 opinions
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- Pilgrim Health & Life Insurance v. ChismCourt of Appeals of Georgia · 1934
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