Atlanta Savings Bank v. Downing
Supreme Court of Georgia
Interpleader. Before Judge Lumpkin. Fulton superior court. April 8, 1904. This case arose on a petition filed by the Mutual Life Insurance Company of New York, praying leave to pay into court the sum of $170, and for an order requiring the Atlanta Savings Bank, O. Downing, and Jacob L. Beach to interplead and have adjudicated their respective claims to this fund.
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Interpleader. Before Judge Lumpkin. Fulton superior court. April 8, 1904. This case arose on a petition filed by the Mutual Life Insurance Company of New York, praying leave to pay into court the sum of $170, and for an order requiring the Atlanta Savings Bank, O. Downing, and Jacob L. Beach to interplead and have adjudicated their respective claims to this fund. An order was entered requiring these parties to interplead, and upon the hearing the following facts appeared: The Mutual Life Insurance Company issued certain policies upon the life of J. L. Beach. Beach became indebted to Downing,…
1Opinion of the CourtFish, P. J.
We are not concerned with any equities which may exist between Downing and the insurance company, or between that company and the bank. The question to be decided is whether the bank or Downing had a better claim to the fund,*694as between each other. It is clear that Downing had legal title to the policies by virtue of his assignment. Liverpool Ins. Co. v. Ellington, 94 Ga. 785. Downing informed the insurance company what was the extent of his interest in the policies. He had a right to .control the amount due on the policies, and to be first reimbursed therefrom. He consequently had a right to…
2Cases cited1 opinion
- Liverpool & London & Globe Insurance v. EllingtonSupreme Court of Georgia · 1894
3Cited by4 opinions
- Sprouse v. SkinnerSupreme Court of Georgia · 1923
- New Jersey Insurance v. RowellCourt of Appeals of Georgia · 1925
- Jackson v. StateCourt of Appeals of Georgia · 1925
- Jarvis v. StateCourt of Appeals of Georgia · 1944