Abercombie v. Ætna Life Insurance

Court of Appeals of Georgia

Abercombie v. Ætna Life Insurance

144 S.E. 326, 38 Ga. App. 501, 1928 Ga. App. LEXIS 313

CourtCourt of Appeals of Georgia

DecidedAugust 30, 1928

Docket18594

StatusPublished

This text of 144 S.E. 326 (Abercombie v. Ætna Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abercombie v. Ætna Life Insurance, 144 S.E. 326, 38 Ga. App. 501, 1928 Ga. App. LEXIS 313 (Ga. Ct. App. 1928).

Pincite

Opinion

Stephens, J.

In a suit against two defendants, where the petition alleged that both defendants were liable to the plaintiff under an alleged contract which insured his life, but did not provide for indemnity against accident, and where the petition alleged, as a basis for recovery under the policy, not the death of the plaintiff, but a disability resulting to him from the breaking of his leg by a fall on the floor while he was engaged in work pursuant to a contract of employment, the petition failed to set out a cause of action against either defendant, and the court did not err in dismissing it on demurrers filed by both defendants. Judgment affirmed.

Jenkins, P. J., and Bell, J., concur. William E. & Gordon Mann, for plaintiff. J. A. McFarland, Bryan & MiddlebrooTcs, Colquitt Carter, for defendants.

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Stephens, J.

In a suit against two defendants, where the petition alleged that both defendants were liable to the plaintiff under an alleged contract which insured his life, but did not provide for indemnity against accident, and where the petition alleged, as a basis for recovery under the policy, not the death of the plaintiff, but a disability resulting to him from the breaking of his leg by a fall on the floor while he was engaged in work pursuant to a contract of employment, the petition failed to set out a cause of action against either defendant, and the court did not err in dismissing it on demurrers filed by both defendants. Judgment affirmed.

Jenkins, P. J., and Bell, J., concur. William E. & Gordon Mann, for plaintiff. J. A. McFarland, Bryan & MiddlebrooTcs, Colquitt Carter, for defendants.

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Bluebook (online)

144 S.E. 326, 38 Ga. App. 501, 1928 Ga. App. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abercombie-v-tna-life-insurance-gactapp-1928.