18 Ga. App. 383 | Ga. Ct. App. | 1916
1. The secretary of the insurance company testified: “It is the universal rule to send to the insured, when a policy has been can-celled on the books, a notice of lapse, on a blank form. No record is kept of sending such notices, because it is the universal custom of my office to do so, I have no doubt but that a lapse notice was sent to George E. Wallace [the insured] at the same time, May 20, 1913.” On objection to this testimony, on the ground that “it was not competent to show what was the rule or custom” in sending out such notices, and that the defendant “could only show that such notice had been 'actually sent to the insured,” the trial judge ruled out “the expression as to the practice,” and allowed the other part of the testimony to remain in, “subject to be connected up.” This ruling is not a sufficient ground for a new trial. Another witness testified that the insured said to him: “I have received a notice of cancellation from the office.” This also made the blank lapse notice admissible.
2. If it was error for the court to admit in evidence the testimony with reference to the so-called Wallace notes, on account of the failure to prove the execution of the same, it was harmless error, under the facts in the case.
3. The policy sued on provided that it should be incontestable after one year from its date of issue, “except for non-payment of premium,” etc. A premium fell due and was unpaid, and certain notes for this pre