Pope v. Improved Order of Samaritans, 6 S.E.2d 159 (Ga. Ct. App. 1939). · Go Syfert
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Pope v. Improved Order of Samaritans, 6 S.E.2d 159 (Ga. Ct. App. 1939). Cases Citing This Book View Copy Cite
24 citation events across 6 distinct courts.
Strongest positive: The Hertz Corporation v. Donald Cox and Sarah C. Crowe (ca5, 1970-09-02)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) The Hertz Corporation v. Donald Cox and Sarah C. Crowe
5th Cir. · 1970 · confidence medium
Accord, Republic Mortgage Corp. v. Beasley, 117 Ga.App. 303 , 160 S.E. 2d 429, 433 (1968); Friendly Finance Company v. Stover, 109 Ga.App. 21 , 134 S.E.2d 837, 839 (1964); Daugert v. Holland Furnace Company, 107 Ga.App. 566 , 130 S.E.2d 763, 765 (1963); Snows Laundry & Dry Cleaning Co. v. Georgia Power Co., 61 Ga.App. 402 , 6 S.E.2d 159, 161 (1939); Leatherwood v. Boom-ershine Motors, Inc., 53 Ga.App. 592 , 186 S.E. 897, 898 (1936).
Retrieving the full opinion text from the archive…
Pope
v.
Improved Order of Samaritans.
27530..
Court of Appeals of Georgia.
Nov 28, 1939.
6 S.E.2d 159
Jake B. Joel, for plaintiff. Green Michael, for defendant.
Broyles, MacIntyre, Q-Uerry.
Published
Broyles, O. J.

1. The amendment to the bill of exceptions is allowed, and the motion to dismiss the writ of error is denied.

2. “The punctual payment of insurance premiums, as and when due, is of the essence of the contract of insurance, and a failure to make such payment in strict compliance with the terms of the contract, in the absence of a waiver expressly made, or arising by reasonable implication, results in a forfeiture o*f the policy.” Plumer v. Continental Casualty Co., 12 Ga. App. 594 (77 S. E. 917); Illinois Life Ins. Co. v. McKay, 6 Ga. App. 285, 289 (64 S. E. 1131); Metropolitan Life Ins. Co. v. Smith, 48 Ga. App. 245 (172 S. E. 654).

3. In the instant case, the undisputed evidence showed a forfeiture of the policy of insurance sued on, because of the failure of the insured to pay the premiums when due, unless a waiver of such forfeiture was made by R. B. Harris, grand secretary of the Improved Order of Samaritans. On[*367] the question of the existence of such a, -waiver the evidence -was in sharp conflict, and that question should have been submitted to the jury. It follows that the direction of the verdict for the defendant was error.

Decided November 28, 1939. Rehearing denied December 15, 1939. Jake B. Joel, for plaintiff. Green & Michael, for defendant.

Judgment reversed.

MacIntyre and Q-uerry, JJ., concur.