Georgia Reports Volume 126

Georgia Reports Volume 126

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...and the policy are construed together it clearly appears that there were two things agreed on by the insured and the insurer as parties to the contract, the one being that the wife was to be the beneficiary of the contract, and that the company should be discharged by a receipt from any one of the class of relatives named in the policy, upon such relative complying with the conditions of the policy at the time of payment. The company has been discharged, fund is in court, and should be awarded to the person who was intended as the beneficiary of the contract. The demurrer was properly overruled. Judgment a/firmed. All the Justices concur, except Fish, 0'. J., absent. 1. It is the province of the jury, not of a non-expert witness, to draw conclusions from the facts to which he testifies. 2. The inquiry being what was proper to be done under given circumstances at a particular point, proof of what was usually done at a point near by under different circumstances can not illustrate the question. 3. A finding against the defendant was warranted by the evidence, but the verdict returned in favor of the plaintiff exceeded in amount the highest proved value of the animal for injury to which the suit was brought, less the sum for which the animal was afterwards sold by the plaintiff and which diminished the damages sustained by him. Argued May 26, --Declded August 13, 1908. Certiorari. Before Judge Pendleton. Fulton superior court. November 10, 1905. Payne, Jones & Jones, for plaintiff in error. Joseph W. d? John D. H umphries, contra. EVANS, J. A suit for damages was brought in a justice's court by E. P. Mixon against the Atlanta Ice and Coal Company, the plaintiff claiming that a heavily loaded wagon belonging to the company had more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • United States
  • English
  • black & white illustrations
  • 1236857240
  • 9781236857248