Young v. Minton

• Decision Date: 20 September 1934
• Docket Number: 23376.
• Citation: 176 S.E. 662,49 Ga.App. 545
• Parties: YOUNG v. MINTON et al.
• Court: Georgia Court of Appeals

176 S.E. 662

49 Ga.App. 545

YOUNG v. MINTON et al.

No. 23376.

Court of Appeals of Georgia, Second Division

September 20, 1934

Syllabus by Editorial Staff.

Post office employee's application for retirement, followed by issuance to employee of certificate of retirement allowing him retirement annuity, constituted "resignation" precluding employee's recovery of total disability benefits, for any period after application was made, on local post office employees' mutual insurance policy providing for automatic cessation of membership on "resignation" from local post office.

"Resignation," while, in its stricter sense, it more generally refers to a formal renunciation or giving up of an office, is often applied to a surrender, relinquishment, or giving over of a position and takes effect usually by direct or express word or act of a more or less formal nature, accompanied generally in the case of a subordinate office, by some acceptance by a higher authority; but in the case of a position, and under some authorities an office, a resignation may become effective without such acceptance, and even impliedly, as by abandonment of all duties and work.

Error from Municipal Court of Atlanta; Clarence Bell, Judge.

Suit by Julius Young against C. E. Minton and others.Judgment for defendants, plaintiff's motion for a new trial was overruled, and plaintiff brings error.

Affirmed.

See also, Dillon v. Continental Trust Co.,175 S.E. 652.

John M Seal and Eugene Dickey, both of Atlanta, for plaintiff in error.

A. S Clay III, of Atlanta, for defendants in error.

Syllabus OPINION.

JENKINS Presiding Judge.

While the word "resignation" in its stricter sense more generally refers to a formal renunciation or giving up of an office, it is often applied to a surrender, relinquishment or giving over of a position.A resignation takes effect usually by direct or express word or act of a more or less formal nature, accompanied generally, in the case of a subordinate office, by some acceptance by a higher authority; but in the case of a position, and under some authorities an office, a resignation may become effective without such acceptance, and even impliedly as by abandonment of all duties and work.See 4 Words and Phrases, Second Series, 354; 3 Bouvier's Law Dictionary (3d Rev.), 2407-2409; New Standard Dictionary; Webster's New International Dictionary;54 C.J. 718.Where a contract of mutual insurance...