56 Ga. App. 310 | Ga. Ct. App. | 1937
Lead Opinion
1. “Tbe presumption of tbe duration of life, witli respect to persons of whom no account can be given, ends at tbe expiration of seven years from the time when they were last known to be living.” Cofer v. Flannagan, 1 Ga. 538; Adams v. Jones, 39 Ga. 479 (4); Hansen v. Owens, 132 Ga. 648 (64 S. E. 800); Gantt v. American National Ins. Co., 173 Ga. 323 (160 S. E. 345).
2. “While the presumption oE death arising from seven years absence of a person from his accustomed place of abode, unheard from, is not conclusive and may be rebutted by proof (Murchison v. Green, 128 Ga. 339, 342, 57 S. E. 709, 11 L. R. A. (N. S.) 702), whether the circumstances of the case are such as to account for his not being heard of without assuming his death is ordinarily a question of fact to be determined by the jury.” 17 C. J. 1173, § 15; Mutual Life Ins. Co. of New York v. Dickens, 44 Ga. App. 429 (161 S. E. 657). And see 1 G-reenleaf on Evidence (16th ed.), 138, § 41.
3. In the instant suit on three policies of insurance, on which all the premiums had been paid, where the evidence relied on to establish the maturity of the policies was that the insured wife and her insured son had left from their home about ten years before the filing of the petition; and where the testimony that the husband and father of the insureds had investigated every rumor concerning their whereabouts, had informed the insurance company of their disappearance, and had solicited its aid in locating the missing insureds, and had made trips to various points in another State in search of his missing wife and son; and where the testimony of an agent of the insurance company showed that he assisted in the search; and where the testimony showed that this diligent search had continued up to the time of the filing of the suit, a verdict in favor of the plaintiff was authorized. It can not be said that the circumstances appearing from the evidence, that the wife of the insured, who was about twenty-four years old
Judgment affirmed.
Rehearing
ON MOTION FOR REHEARING.
It is insisted that the court probably overlooked evidence introduced by the plaintiff in error, for the reason that it is not set forth in the opinion. We made no effort to set out all the evidence, but very carefully considered all of it. Whether we agree with the verdict or not, under the evidence and the cases cited we are of the opinion that the jury’s finding is final and can not here be disturbed. Counsel for the plaintiff in error have evidently misconstrued our ruling on the evidence of the taxi-driver’s statement. We did not rule that the statement of Mrs. Polk was inadmissible'as hearsay, but that her statement could not be proved by the hearsay statement of another person, to wit, the taxi-driver. If the taxi-driver had testified as to what Mrs. Polk told him, the testimony would have been admissible to explain conduct and ascertain motive. Rehearing denied.