RUIS v. BANK OF ALBANY

19563.

213 Ga. 41 (1957)

96 S.E.2d 580

RUIS v. BANK OF ALBANY et al.

Supreme Court of Georgia.

Decided February 12, 1957.


Attorney(s) appearing for the Case

Robert W. Reynolds, for plaintiff in error.

J. W. Smith, Robert D. Hedrick, Smith, Gardner & Kelley, Peter Zack Geer, contra.


DUCKWORTH, Chief Justice.

Where, as here, the petition alleges that the plaintiff is the beneficiary of a life-insurance policy which had been assigned by the deceased insured to the defendant Bank of Albany as security for a debt which was also secured by a security deed, that the court should restrain the defendant bank from paying off said debt with the proceeds of the policy until all means of satisfying the note by proceeding to collect under the security deed...

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