Hartley v. Marietta Nursery Co.

Action for money had and received. Before Judge Morris. Cobb superior court. Marcli 14, 1911. Mrs. Ida E. Hartley, as administratrix upon the estate of C. H. Hartley, deceased, brought an action against the Marietta Nursery Company for the recovery of $1,000. It was alleged that in the year 1902 the Massachusetts Mutual Life Insurance Company issued a policy of insurance on the life of plaintiff’s intestate, the policy being made payable “to his estate.” On February 19, 1907, the insured executed to the defendant a transfer of the policy, changing the nanie of the beneficiary to that of the defendant. Subsequently the insured died, and about October 1, 1909, the defendant collected the $1,000 on the policy, and refused to account to petitioner for the same. It was further alleged that the transfer of the policy was “void, for the reason that at the time said transfer was made the said C. H. Hartley, deceased, was non compos mentis, and did not possess sufficient mental capacity to make a valid contract under the law, and for further reason that said transfer was without consideration.” The defendant answered, that the intestate was indebted to the defendant in a greater amount than that collected on the policy; and that the intestate, at the time of making the transfer of the policy, had sufficient mental capacity to make the contract, and the assignment of the policy by him was in payment of the debt. By amendment it was set up that the assignment was as collateral security for the debt; and there was a prayer to recoup the difference between the amount collected on the policy and the amount owed by the intestate to the defendant. On the trial, at the conclusion of plaintiff’s evidence, a nonsuit was granted, and the plaintiff excepted. According to the evidence the only question raised by the contentions of the parties was as to the mental capacity of plaintiff’s intestate. Other facts sufficiently appear from the headnotes.