Villa Rica Mfg. Co v. Gen. Am. Life Ins. Co

• Decision Date: 13 February 1937
• Docket Number: No. 25861.,25861.
• Citation: 190 S.E. 49,55 Ga.App. 328
• Parties: VILLA RICA MFG. CO. v. GENERAL AMERICAN LIFE INS. CO.
• Court: Georgia Court of Appeals

55 Ga.App. 328

190 S.E. 49

VILLA RICA MFG. CO.

v.GENERAL AMERICAN LIFE INS. CO.

No. 25861.

Court of Appeals of Georgia, Division No. 2.

Feb. 13, 1937.

Rehearing Denied March 3, 1937.

Syllabus by Editorial Staff.

Error from City Court of Carrollton; J. J. Reese, Judge.

Suit by the General American Life Insurance Company against the Villa Rica Manufacturing Company. Judgment for plaintiff, and defendant brings error.

Affirmed.

Boykin & Boykin, of Carrollton, for plaintiff in error.

Smith & Millican, of Carrollton, for defendant in error.

Syllabus Opinion by the Court.

SUTTON, Judge.

1. Where the name of the plaintiff imports a corporation, there is a presumption that such party is a corporation, and this presumption prevails until the contrary is shown. Also, when the allegation is made that the plaintiff is a corporation, it is incumbent upon the defendant to prove affirmatively that no such corporation exists, in order to sustain a defense to this effect.' The name of the plaintiff in the present case, General American Life Insurance Company, imports a corporation, and there being nothing in the record to contravert the presumption of its corporate existence, the burden in this respect was carried by the plaintiff, although the defendant in its answer expressly denied that the plaintiff was a corporation. Van Winkle Gin & Machine Works v. Mathews, 2 Ga.App. 249 (1), 58 S.E. 396; Brown Shoe Co. v. Crosby, 30 Ga.App. 534 (2), 118 S.E. 446; Watkins Co. v. Seawright, 40 Ga.App. 314 (3), 149 S.E. 389; Wilson & Co. v. Sprague M. M. Co., 55 Ga. 672, 673; Mattox v. State, 115 Ga. 212 (7), 41 S.E. 709; Holcomb v. Cable Co., 119 Ga., 466 (1), 46 S.E. 671; Georgia Co-operative Fire Ass'n v. Borchardt & Co., 123 Ga. 181, 186, 51 S.E. 429, 3 Ann. Cas. 472; Bland v. Bird, 134 Ga. 74 (2b), 67 S.E. 427; Hunnicutt v. Reed, 149 Ga. 803, 102 S.E. 421.

2. "As a general rule the testimony of a person who has knowledge of the facts from which books of account are made up is as to the these facts pri-mary evidence and is admissible, whether not the books themselves are put in evidence." Booth v. Schmoller & Mueller Piano Co, 32 Ga.App. 35 (3), 122 S.E.636, 637 and cit. The court did not err in admitting in evidence, over the objection of the defendant, the depositions of the plaintiff's witness, S. A. Cocklin, who testified that he was the general secretary of the General American Insurance Company, that he had supervision of issuing policies and certificates and the custody of all group insurance records, that his work included the supervision of the preparation of all group-insurance records and the computation of all premiums and billing of all group policyholders for premiums due on their respective group policies; that his duties were the same with the Missouri State Life Insurance Company (whose assets were purchased by the General American Life Insurance Company) as with the General American Life Insurance Company, and that "this balance of $147.45 due on this policy represents unpaid premiums for a period of two and 26/31st. months (2-26/31st.). These months are from March 6, 1933, to April 6, 1933, from April 6, 1933, to May 6, 1933, and the period from May 6, 1933, to June 1, 1933, which is 26/31st. of a month. The monthly premium due for each month amounts to $52.20 which makes a total premium for these 2-26/31st. months of $148.18. When the Villa Rica Manufacturing Company paid their premiums for the...