Legal Opinion
Kersh v. Life & Casualty Insurance
Court of Appeals of Georgia
Decided June 2, 1964No. 40724PublishedCited by 8 opinions
1Opinion of the Court
Russell, Judge.
The presumption is, where the law of another of the 13 original States is not pleaded and proved, that it is the common law as interpreted by this State. Trustees of Jesse Parker Williams Hospital v. Nisbet, 189 Ga. 807, 811 (7 SE2d 737). The burden is upon one contending that the law in such State is different from that laid down in the Code to allege and prove such fact. Wells v. Gress, 118 Ga. 566 (2) (45 SE 418). An appropriate receipt may of itself be considered a contract (17 CJS 726, Contracts, § 57), but whether this would be true of a receipt for a premium payment…
2Cases cited7 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1940
- Veal v. Security Mutual Life InsuranceCourt of Appeals of Georgia · 1909
- New York Underwriters Insurance v. NolesCourt of Appeals of Georgia · 1960
- Wells v. GressSupreme Court of Georgia · 1903
- Winton v. ButlerCourt of Appeals of Georgia · 1936
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Progressive Preferred Insurance v. BrownSupreme Court of Georgia · 1992
- American Family Mutual Insurance Company v. Larry D. Jones and Sandra L. JonesCourt of Appeals for the Seventh Circuit · 1984
- Robertson v. Southland Life InsuranceCourt of Appeals of Georgia · 1974
- Deen v. United Dominion Realty TrustCourt of Appeals of Georgia · 1995
- Liberty National Life Insurance Company v. DavisCourt of Appeals of Georgia · 1978
3 more not listed; retrieve them via the Exa API.