Young v. Minton

• Decision Date: 20 September 1934
• Docket Number: No. 23376.,23376.
• Citation: 176 S.E. 662,49 Ga.App. 545
• Parties: YOUNG. v. MINTON et al.
• Court: Georgia Court of Appeals

49 Ga.App. 545

176 S.E. 662

YOUNG.

v.MINTON et al.

No. 23376.

Court of Appeals of Georgia, Division No. 2.

Sept. 20, 1934.

Syllabus by Editorial Staff.

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

Suit by Julius Young against C. E. Minton and others.Judgment for defendants, plain-UK'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 by the Court.

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 giv ing 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 between employees as members in the "Employees Mutual Association of the Atlanta, Georgia, Post Office" provided for the payment of disability and death benefits to the plaintiff in this case as a "member, " in consideration of assessments, that "membership automatically ceases upon resignation, transfer or discharge from the Atlanta Post Office, " and that "upon retirement a member ceases all payments, but at his death his beneficiary will receive a benefit of twenty-live cents a member"; and where by the undisputed evidence the plaintiff, suing under the contract for total disability benefits commencing September 22, 1931, made on December 15, 1931, during his total disability, a formal application to the Atlanta post office and federal authorities administering such matters under acts of Congress for his retirement, informed the secretary of the assistant postmaster that he intended so to retire and would never bo able to work any more, and the Federal Veterans' Administration, on April 18, 1932, issued to him a "certificate of retirement" effective...