12 Ga. App. 378 | Ga. Ct. App. | 1913
Minnie Givv'ins was' the beneñciáry named in a policy of insurance in the .Bankers Health and Life Insurance Company of Macon, Georgia. HpOn the death of Otis Jones, the insured, she brought suit to recover the amount for which his life had been insured. The insurance company defended, upon the ground that at the time Otis Jones died he was in arrears for more than four weekly -premiums, that his membership had not been renewed, and that, in consequence of this breach of the stipu- ' lation of the contract which called for the prompt payment of the premiums, the policy had been forfeited. The particular clauses 'of the insurance policy upon which the defense is based are 'as follows: “14. All premiums■ must be paid on Monday of each week, and'any one failing to pay for four Mondays forfeits all he or she may have paid the Company.” “16. No renewal of membership shall be had except on payment of all back dues, and not then unless the insured is in good health.”
'On the trial both sides agreed that the pass-book or receipt -book of the insured cOrredtly represented the premium payments which the insured had made, as well as the date when such payments should have been made, if the contract had been strictly complied with. The testimony showed that the insured died Saturday, August 20; 1910, and the pass-book showed that his last payment to the company was made on August 15, 1910, but that this last pajrment was applied by the company in satisfaction of the premium
We are clear that the learned judge of the superior court, correctly overruled the certiorari; and,- even if we had any doubt, we would feel inclined to affirm his judgment, because it appears that there have been several trials of this case; and the beneficiary of the policy has been long delayed in collecting a benefit which the insurer, according to the record, could long ago, in the lifetime of the insured, have declared to be forfeited. Interest reipublicss ut sit finis litium. - Judgment affirmed.