60 Ga. App. 899 | Ga. Ct. App. | 1939
This was an action on a policy of insurance issued on the life of William R. Kelsey. The insurance company admitted a prima facie case, but defended on the ground that the insured had answered falsely question No. 20 of the application, by stating in answer to the question that he had received no medical or surgical attention within the five years next preceding the date of the application. The application was dated September 2, 1935. It was the contention of the company that the insured had been treated at Grady Hospital in April, 1935, and on other dates
1. One ground of the motion for new trial excepts to a refusal by the trial judge to admit in evidence certain records of Grady Hospital. This ground will not be considered, because the excluded evidence and the materiality thereof are not set forth in the motion.
2. The second special ground complains of error alleged to have been committed in excluding from evidence a record made by J. T. Mauldin, who was an interne at Grady Hospital in December, 1937. We do not think that this exception is well taken, for the reasons (1) that the record was made in December, 1937, which was some months after the application for the insurance was made, and some months after the actual issuance of the policy; (2) that if the hospital charts and records of facts relative to a patient’s historjq condition, and treatment were admissible at all under an exception to the hearsay rule, they would probably not be ad
3. We think that the court did not err in overruling the motion for new trial, for the further reason that the only evidence introduced to the effect that the patient had received medical or surgical treatment was that of the record clerk that he had been admitted to the hospital one time within the five-year period preceding the date of the application, and it nowhere appeared what ailment was suffered by him, or what treatment he received, or that any ailment so suffered by him was of such nature as would make his representation that he had received no treatment so fraudulent as to void the policy.
Judgment affirmed.