179 Ga. 491 | Ga. | 1934
(After stating the foregoing facts.) In the first count of the petition the action is based on the assignment quoted above. In the second count the action is based on an alleged gift inter vivos. The plaintiff contends that she is entitled to recover the money in the hands of the administrator of Mrs. Irwin, by virtue of the assignment. It is argued that § 454 of title 38 in U. S. C. A. has been repealed in toto, that the original provision of § 454 forbidding assignment has been construed by several courts to be merely a provision for the protection of the government, and that since the government has no further interest in the fund in controversy this provision of § 454 is not applicable. As a matter of fact § 454 was not repealed in toto. The act of Congress approved March 20, 1933 (Laws 73d Congress, pp. 11-12), in section 17 provides: “All public laws . . granting or pertaining to yearly renewable term insurance are hereby repealed, but payment in accordance with such laws shall continue to the last day of the third calendar month following the month during which this act is enacted. . . Provided, that nothing contained in this section shall interfere with payments heretofore made or hereafter to be made under contracts of yearly renewable term insurance which have matured prior to the date of enactment of this act and under which payments have been commenced, or on any judgment heretofore rendered in a court of competent jurisdiction in any suit on a contract of yearly renewable term insurance, or which may hereafter be rendered in any such suit now pending.” The judgment on the war-risk insurance contract involved in this case was affirmed by the U. S. Circuit Court of Appeals before the passage of this act, to wit, on October 29, 1932 (U. S. v. Irwin, 61 Fed. (2d) 488). So this judgment is express ly excepted from the repeal relied upon, and the court there
Judgment affirmed.