147 Ga. 396 | Ga. | 1917
The Metropolitan Life Insurance Company issued a policy of life insurance to Charley Ford, in November, 1915, for the sum of $240. The. only portion of the policy material to the decision is as follows: “The company may make any payment, or grant any non-forfeiture privilege provided herein, to the executor or administrator, husband or -wife, or any relative by blood, or connection by marriage of the insured, or to any other person appearing to said company to be equitably entitled to the same by reason of having incurred expense on behalf of the insured, or for his or her burial; and the production of a receipt signed by either of said persons, or of other proof of such payment or grant of such privilege to either of them, shall be conclusive evidence that all claims under this policy have been satisfied.” Charley
The meaning of the judgment is not entirely clear, but the proper effect of it is to continue the restraining order as to Chance. The restraining order was only to be dissolved upon the dismissal of all garnishment proceedings in the case. This does not appear to have been done by any of the parties, and hence the restraining order was not dissolved as to Chance, but remains of force.
Under the contract of insurance quoted above, the insurance company could exercise its discretion in making payment, on the death of the insured, to any person appearing to the company to be equitably entitled to it by reason of having incurred expensa
Judgment affirmed. All the Justices concur, except Fish, G. J., absent.