SOUTHERN LIFE INS. CO. v. CITIZENS BANK OF NASHVILLE

35399, 35406.

91 Ga. App. 534 (1955)

86 S.E.2d 370

SOUTHERN LIFE INSURANCE CO. OF GEORGIA v. CITIZENS BANK OF NASHVILLE, etc.; and vice versa.

Court of Appeals of Georgia.

Decided February 28, 1955.


Attorney(s) appearing for the Case

Robert H. Jones, Franklin, Eberhardt & Barham, Wilby C. Coleman, for plaintiff in error.

L. J. Courson, J. C. McDonald, contra.


QUILLIAN, J.

This is an action brought by a party who is in privity to the contract for the use and benefit of another party who is not. Accordingly, the amendment of 1949 to Code § 3-108 (Ga. L. 1949, p. 455) adding the last sentence, which provides that "The beneficiary of a contract made between other parties for his benefit may maintain an action against the promissor on said contract," does not apply here. Whether the administratrix of the estate of J. Frank...

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