Alligood v. Daniel & King

Court of Appeals of Georgia

Alligood v. Daniel & King

76 S.E. 1083, 12 Ga. App. 220, 1913 Ga. App. LEXIS 502

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1913

Docket4214

StatusPublished

This text of 76 S.E. 1083 (Alligood v. Daniel & King) 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

Alligood v. Daniel & King, 76 S.E. 1083, 12 Ga. App. 220, 1913 Ga. App. LEXIS 502 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

1. A promise to execute and deliver a policy of life insurance if, after a medical examination, the maker of a note, given for the insurance premium, proves to he an insurable risk, is not an absolute promise to execute and deliver a policy, and will not authorize the original payee to recover on the note, where no offer to deliver the policy has been made; 'and this is true though the maker of the note refused to submit to a medical examination, and, in consequence, his application for insurance was never accepted.

2. The evidence demanded a finding in favor of the defendant, and it was error to render a judgment for the plaintiff. Judgment reversed.

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Russell, J.

1. A promise to execute and deliver a policy of life insurance if, after a medical examination, the maker of a note, given for the insurance premium, proves to he an insurable risk, is not an absolute promise to execute and deliver a policy, and will not authorize the original payee to recover on the note, where no offer to deliver the policy has been made; 'and this is true though the maker of the note refused to submit to a medical examination, and, in consequence, his application for insurance was never accepted.

2. The evidence demanded a finding in favor of the defendant, and it was error to render a judgment for the plaintiff. Judgment reversed.

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Bluebook (online)

76 S.E. 1083, 12 Ga. App. 220, 1913 Ga. App. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alligood-v-daniel-king-gactapp-1913.