Sovereign Camp of the Woodmen of the World v. Warner
Court of Appeals of Georgia
Action on insurance certificate; from city court of Savannah — Judge Freeman. December 15, 1919. As a beneficiary “ dependent upon ” H. P. Gallagher, Fay Gallagher Warner, a minor, sought, in an action brought by next friend, to recover the death benefit provided for in a certificate in which she was named as the beneficiary, issued to H. P. Gallagher by the defendant, a fraternal benefit society of which he was a member.
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Action on insurance certificate; from city court of Savannah — Judge Freeman. December 15, 1919. As a beneficiary “ dependent upon ” H. P. Gallagher, Fay Gallagher Warner, a minor, sought, in an action brought by next friend, to recover the death benefit provided for in a certificate in which she was named as the beneficiary, issued to H. P. Gallagher by the defendant, a fraternal benefit society of which he was a member. Although she was described in the certificate and in the original petition as his niece, she was not his niece, but a niece of his deceased wife; and by amendment to the…
1Opinion of the CourtLuke, J.
There is no assignment of error upon the exceptions pendente lite, in the main bill of exceptions, nor in this court; hence the questions that could have been raised by a proper assignment of error upon the exceptions pendente lite are not considered by this court.
The evidence authorized the verdict, which has the approval of the trial judge. Eor none of the reasons assigned was it error to overrule the motion for a new trial.
Judgment affirmed.
Broyles, C. J., and Bloodworth, J., concur. The by-laws of the defendant provide that the benefit payable on the death of a member shall be paid “to…
2Cases cited10 opinions
- Alexander v. ParkerIllinois Supreme Court · 1893
- Murphy v. NowakIllinois Supreme Court · 1906
- Caldwell v. Grand Lodge of United Workmen of Cal.California Supreme Court · 1905
- Ownby v. Supreme Lodge K. of H.Tennessee Supreme Court · 1898
- Fuller v. Supreme CouncilIndiana Court of Appeals · 1917
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3Cited by3 opinions
- Ponder v. StateCourt of Appeals of Georgia · 1920
- Roberts v. Employers Ins. Co. of Ala.Court of Appeals of Georgia · 1949
- Devereaux v. StateCourt of Appeals of Georgia · 1921