Metropolitan Life Ins. Co. v. Hand

• Decision Date: 18 March 1920
• Docket Number: 10900.
• Citation: 102 S.E. 647,25 Ga.App. 90
• Parties: METROPOLITAN LIFE INS. CO. v. HAND ET AL.
• Court: Georgia Court of Appeals

102 S.E. 647

25 Ga.App. 90

METROPOLITAN LIFE INS. CO. v. HAND ET AL.

No. 10900.

Court of Appeals of Georgia, Second Division

March 18, 1920

Syllabus by the Court.

This court cannot say, as a matter of law, that the jury was not authorized to find the verdict rendered, since it is supported by the sworn testimony of the plaintiff, which they had a right to accept and believe. The fact that in a criminal proceeding the beneficiary named in the policy sued on had been convicted of voluntary manslaughter for the felonious killing of his wife, who was the assured named in the policy, would not prevent the jury in this proceeding from accepting his sworn testimony to the effect that such killing by him was accidental and unintentional. The refusal of the trial court to admit in evidence a certified copy of the indictment, verdict, and sentence in the criminal case, in support of the coroner's verdict (which latter was admitted in evidence under the terms of the policy), was not erroneous. Cottingham v. Weeks, 54 Ga. 275; Tumlin v. Parrott, 82 Ga. 732, 9 S.E. 718(2); Seaboard Air Line Railway v. O'Quin, 124 Ga. 357, 52 S.E. 427(3), 2 L.R.A. (N. S.) 472; Powell v. Wiley, 125 Ga. 823, 54 S.E. 732 (1). Nor was error committed in allowing testimony tending to show the general good character of the plaintiff, although unimpeached; since the nature of the action, and the affirmative defense set up thereto by the defendant, necessarily involved the same. Civ. Code 1910, § 5745; German-Amer. Mutual Life Association v. Farley, 102 Ga. 720, 29 S.E. 615 (5). The court did not abuse his discretion in reopening the case in order to permit the plaintiff to introduce an additional witness to testify concerning one of the issues in the case.

Error from City Court of La Grange; E. T. Moon, Judge.

Action by William Hand and others against the Metropolitan Life Insurance Company. Judgment for plaintiffs, and defendant brings error. Affirmed.

Battle & Hollis, of Columbus, for plaintiff in error.

M. U. Mooty, of La Grange, for defendants in error.

JENKINS, P.J.

Judgment affirmed.

STEPHENS and SMITH, JJ., concur.