Legal Opinion

Sovereign Camp Woodmen of World v. Heflin

Supreme Court of Georgia

Decided June 15, 1939No. 12736PublishedCited by 27 opinions

1Opinion of the Court

Jenkins, Justice.

1. While it is the general rule of law that knowledge of a fact is a necessary ingredient in the application of the doctrine of waiver or estoppel, and consequently a person is not ordinarily estopped by virtue of the existence of a fact of which he has no actual or constructive knowledge (United Benevolent Society v. Freeman, 111 Ga. 355 (3), 359, 36 S. E. 764; German American Mutual Life Association v. Farley, 102 Ga. 720 (3), 742, 29 S. E. 615), there is nothing which would ordinarily prevent parties from contracting with respect to this rule of law, so as to prevent lack…

2Cases cited4 opinions

  1. German American Mutual Life Ass'n v. FarleySupreme Court of Georgia · 1897
  2. Benevolent Burial Ass'n v. HarrisonSupreme Court of Georgia · 1935
  3. United Benevolent Society v. FreemanSupreme Court of Georgia · 1900
  4. Sovereign Camp Woodmen of the World v. HartSupreme Court of Georgia · 1938

3Cited by27 opinions

  1. Nationwide Mutual Fire Insurance v. CollinsCourt of Appeals of Georgia · 1975
  2. Alley v. Great American InsuranceCourt of Appeals of Georgia · 1981
  3. Hulsey v. Interstate Life & Accident InsuranceSupreme Court of Georgia · 1950
  4. Dunaway v. WindsorSupreme Court of Georgia · 1944
  5. Krogh v. PARGAR, LLCCourt of Appeals of Georgia · 2005

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