New York Life Insurance v. Jennings

ON MOTION EOR REHEARING.

MacIntyre, J.

The part of the "charge complained of in ground 9 of the motion for new trial and in grounds 4 and 5 of the motion for rehearing was in effect taken from 1 C. J. 495, § 278. We think the principle announced therein is sound, and when the judge so charged he did not commit reversible error. The instant case is distinguishable from New York Life Ins. Co. v. Ittner, 59 Ga. App. 89 (200 S. E. 522), cited by the defendant.

It is contended that Travelers Ins. Co. v. Wyness, 107 Ga. 584 (supra), is different on its facts and is therefore not controlling in the…