Metropolitan Life Insurance v. Thompson

98 S.E. 399, 23 Ga. App. 421, 1919 Ga. App. LEXIS 144
CourtCourt of Appeals of Georgia
DecidedFebruary 12, 1919
Docket9710
StatusPublished

This text of 98 S.E. 399 (Metropolitan Life Insurance v. Thompson) 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
Metropolitan Life Insurance v. Thompson, 98 S.E. 399, 23 Ga. App. 421, 1919 Ga. App. LEXIS 144 (Ga. Ct. App. 1919).

Opinion

Stephens, J.

1. The suit not having been instituted by an indorsee, assignee, transferee, or the personal representative, of a deceased person, it was error to exclude the testimony of a witness for the defendant upon the ground that his testimony purported to be as to transactions or communications with a deceased person. Cody v. First National Bank, 103 Ga. 789 (3) (30 S. E. 281). It was also error to exclude this testimony on the other grounds interposed.

2. The testimony offered by the defendant was relevant to the issue, and the court erred in excluding it and directing a verdict for the plaintiff.

3. The law of this ease was settled by this court when the case was here before. Metropolitan Life Ins. Co. v. Thompson, 20 Ga. App. 706 (93 S. E. 299).

Judgment reversed,

Broyles, P. J., and Bloodworth, J., concur.

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Related

Cody v. First National Bank
30 S.E. 281 (Supreme Court of Georgia, 1898)
Metropolitan Life Insurance v. Thompson
93 S.E. 299 (Court of Appeals of Georgia, 1917)

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Bluebook (online)
98 S.E. 399, 23 Ga. App. 421, 1919 Ga. App. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-v-thompson-gactapp-1919.