126 Ga. 454 | Ga. | 1906
(After stating the foregoing facts.) While the ease was pending the insurance company paid the amount of the policy into court, and was dismissed from the case. The only question now to be determined is, who is entitled to this fund which resulted from the contract made by the insured with the company ? In the application appears the following: “14. Name, etc., of beneficiary, subject to provisions of policy applied for as to payment. Name: Mrs. Edna E. Ogletree; Belationship: "Wife. 15. Is name of beneficiary to be entered in policy ? -.” The policy stipulated to pay the amount thereof as an endowment to the insured when he shall have passed the age of seventy-nine years; and “if the insured shall die prior to the date of the maturity of the endowment, to pay, upon receipt of proofs of death of insured, made in the manner and to the extent and upon the blanks required herein, and upon the surrender of this policy and all receipt books, the amount stipulated in said schedule. . . In case of such prior death of the insured the company may pay the amount due under this policy to either the executor or administrator, husband or wife, or any relative by blood or lawful beneficiary of the insured, and the production of a receipt signed by either of them, shall be conclusive evidence that all claims under this policy have been satisfied.”
The application for the insurance being the proposal for the contract by the applicant and the policy being the acceptance of this proposal, the two papers are to be construed together, and any stipulation in the proposal which is not inconsistent with anything in the policy would become a part of the contract between the. parties. If there is a variance between the application and the policy, the policy having been accepted presumably with full knowledge as to what it contained, and as to the fact that it did not follow the application, it would control as to the terms of the contract between the parties. The application designated the wife as the
Judgment affirmed.