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Life Insurance Co. of Virginia v. Proctor

89 S.E. 1088, 18 Ga. App. 517, 1916 Ga. App. LEXIS 1081
CourtCourt of Appeals of Georgia
DecidedSeptember 15, 1916
Docket6904
StatusPublished
Cited by11 cases

This text of 89 S.E. 1088 (Life Insurance Co. of Virginia v. Proctor) 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
Life Insurance Co. of Virginia v. Proctor, 89 S.E. 1088, 18 Ga. App. 517, 1916 Ga. App. LEXIS 1081 (Ga. Ct. App. 1916).

Opinion

Wade, C. J.

1. “When a plaintiff’s right to recover on a contract depends on a condition precedent, to be performed by him, he must allege and prove the performance of such condition precedent, or allege a sufficient legal excuse for its non-performance.” Griswold v. Scott, 13 Ga. 210 (2). See also 13 Cyc. 107, 108.

2. The court erred in overruling the demurrer to the petition as amended, since the plaintiff failed to allege payment of premiums on the policy of insurance, which payment was a condition precedent to a recovery on the contract. The remaining proceedings were therefore nugatory.

Judgment reversed.

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Cite This Page — Counsel Stack

Bluebook (online)
89 S.E. 1088, 18 Ga. App. 517, 1916 Ga. App. LEXIS 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/life-insurance-co-of-virginia-v-proctor-gactapp-1916.