Bilbro v. Jones

• Decision Date: 04 August 1897
• Citation: 29 S.E. 118,102 Ga. 161
• Parties: BILBRO v. JONES.
• Court: Georgia Supreme Court

29 S.E. 118

102 Ga. 161

BILBRO v. JONES.

Supreme Court of Georgia

August 4, 1897

Syllabus by the Court.

1. It being, in a policy of life insurance payable to the wife of the assured, stipulated that it "is issued and accepted upon express conditions that" the assured "may with the consent of the company, at any time assign it, or before assignment, change the beneficiaries therein or make any other change," it was the right of the assured, with the company's assent, to surrender this policy, and take in its stead a paid-up policy payable to a person other than the wife, she having paid none of the premiums.

2. While, as against all the world except the husband and the company, the policy may have been the wife's property she, being a mere volunteer, had no right to complain of any change in the contract of insurance made in accordance with its express terms, and therefore, after the husband's death, had no interest in the new policy.

Error from superior court, Bartow county; A. W. Fite, Judge.

Action by Mrs. Lula Bilbro against T. R. Jones. From a judgment of nonsuit, plaintiff brings error. Affirmed.

John W. Akin, for plaintiff in error.

J. W. Harris, for defendant in error.

COBB J.

Mrs Bilbro brought suit against T. R. Jones for money had and received to her use. Upon the trial it appeared that her husband, Charles R. Bilbro, had issued on his life a policy of life insurance, in which she was named as the sole beneficiary, and that it contained the following stipulation: "This policy is issued and accepted upon express conditions that the said Charles R. Bilbro may, with the consent of the company, at any time, assign it, or, before assignment, change the beneficiaries therein, or make any other change. No assignment, however, shall take effect until written notice thereof shall be given to the company, and under no circumstances shall the company assume any responsibility for the validity of such assignment. If any claim be made under an assignment, proof of interest to the extent of the claim may be required." It also appeared that after several premiums had been paid the assured delivered the policy to the company for cancellation, and took a paid-up policy in which the defendant was the beneficiary named, he being a creditor to whom the assured was indebted in a sum greater than the amount to become due on the maturity of the policy. Upon the death of the assured the amount...