114 Ga. 937 | Ga. | 1902
On the 18th of May, 1900, Emma Porter brought suit, in the city court of Atlanta, against the Home Friendly Society, upon a policy or certificate of life-insurance issued by the defendant to her son, Robert P. Porter, in which she was named as the beneficiary. The petition alleged that the defendant was a corporation created under the laws of the State of Maryland, having a place of business and an agent in the city of Atlanta, Ga.; that the policy was issued on the 7th day of April, 1890; that in 1892' Robert P. Porter disappeared and had not since been seen or heard of; that immediately upon his disappearance the plaintiff notified the defendant, verbally at its office in the city of Atlanta, of such disappearance; that the defendant “ then and there, upon notice aforesaid, agreed with petitioner that if she would promptly pay all assessments and premiums and dues upon said policy or certificate,, it would pay the full amount thereof,” and “ would waive the terms and conditions embodied in and set forth in the first sentence of the eighth clause of said policy.” A copy of the policy or certificate of insurance was attached to the petition as an exhibit, from
Judgment affirmed.