Cotton States Life Insurance v. Scurry
Supreme Court of Georgia
Insurance. Principal and agent. Before Judge Strozier. Dougherty Superior Court. April Term, 1873. This was an action brought by Ella W. Scurry, and others, widow and children of James R. Scurry, deceased, on a contract of insurance alleged to have been made by the Cotton States Life Insurance Company for $10,000 00 on the joint lives of James R. Scurry and his wife Ella, and payable on the death of either.
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Insurance. Principal and agent. Before Judge Strozier. Dougherty Superior Court. April Term, 1873. This was an action brought by Ella W. Scurry, and others, widow and children of James R. Scurry, deceased, on a contract of insurance alleged to have been made by the Cotton States Life Insurance Company for $10,000 00 on the joint lives of James R. Scurry and his wife Ella, and payable on the death of either. The defendant resisted the recovery on two grounds : 1st. That no contract of insurance was ever made. That only an application was made through an agent, and which was rejected by the…
1Opinion of the Court
Trippe, Judge.
Each of the applications, the one made by Scurry as well as the one by his wife, contains the statement that “ only the home officers of the company in Macon, Georgia, have authority to determine whether or not a policy shall issue on application.” Both of these applications were signed by the applicants respectively. The receipt given by the agent recited that it was binding on the company until the policy was received. Defendant in error insists that this bound the company to issue the policy. The question, therefore, is not what force the receipt had to the time of action on…
2Cited by7 opinions
- Sasser v. Coastal States Life InsuranceCourt of Appeals of Georgia · 1966
- Armstrong v. United Insurance Co. of AmericaAppellate Court of Illinois · 1981
- Sterling v. Head Camp, Pacific Jurisdiction, Woodmen of the WorldUtah Supreme Court · 1905
- Posey v. Gulf Life InsuranceCourt of Appeals of Georgia · 1967
- Boles v. Hartsfield Co.Court of Appeals of Georgia · 1935
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