Alabama Gold Life Insurance v. Garmany
Supreme Court of Georgia
Insurance. Contracts. Damages. Policy. Collateral Security. Title. Assignment. Gold. Currency. Practice in Supreme Court. Before Judge Adams Chatham, Superior Court. June Term, 1884. The defendant in error, Garmany, was insured by the Alabama Gold Life Insurance Company, under a policy, which made the premiums payable on August 27th of each year, without specifying any particular hour.
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Insurance. Contracts. Damages. Policy. Collateral Security. Title. Assignment. Gold. Currency. Practice in Supreme Court. Before Judge Adams Chatham, Superior Court. June Term, 1884. The defendant in error, Garmany, was insured by the Alabama Gold Life Insurance Company, under a policy, which made the premiums payable on August 27th of each year, without specifying any particular hour. Garmany had paid the premiums on that day, at any hour of the day, indifferently, and the payments were so always received by the company, without regard to hours For some years after the issuance of the…
1Opinion of the Court
Hall, Justice.
Had the plaintiff in the suit the right to maintain it, and if he had that right, was the proper measure of damages awarded him by the verdict of the jury? These are the questions made by the record, and their determination will dispose of the case.
*541. The suit was brought upon an alleged breach of the conditions of a policy of insurance, to recover from the company the amount of the premiums paid by the assured, with interest thereon, because the company had wrongfully refused to receive one of the premiums, when tendered after 12 o’clock M. of the day on which it fell due, and…
2Cases cited4 opinions
- New York Life Insurance v. StathamSupreme Court of the United States · 1876
- McKee v. Phœnix InsuranceSupreme Court of Missouri · 1859
- Cotton States Life Insurance v. LesterSupreme Court of Georgia · 1879
- Banks v. Sloat, Bussell & Co.Supreme Court of Georgia · 1883
3Cited by41 opinions
- Timmerman v. StanleySupreme Court of Georgia · 1905
- Mutual Reserve Fund Life Ass'n v. FerrenbachCourt of Appeals for the Eighth Circuit · 1906
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- Washington Life Ins. Co. v. LovejoyCourt of Appeals of Texas · 1912
- National Life Insurance v. JacksonCourt of Appeals of Georgia · 1916
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