1. A "customer" may be defined as "one who regularly, customarily, or repeatedly makes purchases of, or has business dealings with, a tradesman or business establishment; a buyer or purchaser; a patron." "A buyer, purchaser, or patron; a person with whom a business house, or business man, has regular or repeated dealings."
2. The provision in a policy of insurance issued to a motor company insuring its customers while riding in or operating a motor vehicle of the motor company against liability for damages to third parties, includes a person, who had an arrangement with the motor company whereby he was regularly and repeatedly furnished an automobile and six gallons of gasoline a week to be used by him in calling upon and locating prospective purchasers of automobiles from the motor company, and who had procured more than 125 prospects who had purchased automobiles from the motor company in the 25 months period next preceding the automobile accident in which such person was involved while driving one of the automobiles of the motor company by its permission under the arrangement just referred to, such person not being an employee of the motor company, but receiving commissions on the sales of automobiles by the motor company to purchasers procured by him as compensation *Page 170 for his services in this connection, and which automobile accident caused the death of the plaintiff's son.
3. The plaintiff's traverse was not subject to demurrer on the ground that it was inconsistent and contrary to the position taken by the plaintiff in her suit against the defendant Johnson and the G. L. Hight Motor Company.
4. The court erred in sustaining the demurrer to the traverse.
The garnishee demurred to the traverse upon the grounds (1) that the allegations of the traverse fail to show that the garnishee was indebted to Herman Johnson; (2) that under the allegations of the traverse there was no relationship shown between the insured *Page 172 as set forth in the policy on which the garnishee would be liable to the defendant, Herman Johnson; and (3) that said traverse showed that the suit filed by the plaintiff against Herman Johnson was a suit filed by her against Herman Johnson and G. L. Hight Motor Company in which she alleged that Herman Johnson was employed by G. L. Hight Motor Company, and that at the time of the accident he was engaged in the business of the motor company and acting within the scope of his employment, and the position of the plaintiff in said suit was inconsistent and contrary to the position taken by her in the traverse. The court sustained this demurrer and dismissed the traverse, and the plaintiff excepted.
There are two questions for determination: (1) Was Herman Johnson a "customer" of the G. L. Hight Motor Company, and consequently an insured under the provisions of the policy? (2) Would the fact that the plaintiff sued Herman Johnson and G. L. Hight Motor Company jointly, alleging that he was the agent and employee of the motor company, prevent her from maintaining her action on the traverse, on the ground that her position in the suit was inconsistent and contrary to her position in the traverse, wherein she contended that he was a customer of the motor company at the time her son was killed?
(1) The portion of the contract of insurance above quoted was entered into between the garnishee and the G. L. Hight Motor Company for the benefit of customers of the motor company, and to protect such customers while they were riding in or operating an automobile owned by the motor company against damages to third persons caused by the operation of such automobile. The plaintiff's son was killed by an automobile owned by the motor company while it was being operated by Herman Johnson, and her right to recover against the garnishee depends upon whether Herman Johnson was covered by the insurance policy. Whether he was covered by the insurance policy depends upon whether or not he was a customer of the motor company at the time the plaintiff's son was killed. The words used in the contract of insurance should be given their usual and common signification. Code, § 20-704 (2); North British Insurance Co. v. Tye,1 Ga. App. 380, 389 (58 S.E. 110). "The contract of insurance should be construed so as to carry out the true intention of the parties." Code, § 56-815. While the contract of insurance was entered into between two parties *Page 173 for the benefit of a third, and such third party's rights under the contract were subject to the equities between the original parties (Gallopin v. Continental Casualty Co., 290 Ill. App. 8,7 N.E.2d, 771, citing Restatement of the Law of Contracts, Vol. 2, p. 910), and the garnishing plaintiff's position under the contract was no better than that of the alleged debtor, Herman Johnson (Hodges v. Ocean Accident Guarantee Corporation,66 Ga. App. 431 (2), 18 S.E.2d 28), yet the contract of insurance should be liberally construed in favor of the object to be accomplished. Eminent Household of Woodmen v. Vance,53 Ga. App. 237 (185 S.E. 391), and cit. Where a contract of insurance contains a word susceptible of having more than one meaning, the meaning most favorable to the interests of the insured and most unfavorable to the interests of the insurer must be given to it. Great Eastern Casualty Co. v. Blackwelder,21 Ga. App. 586 (94 S.E. 843). In the present case the contract of insurance was given to protect the motor company and its customers from liability for damages to third parties caused by the operation of the automobiles of the motor company. Whether Herman Johnson was a customer of the motor company and within the provisions of the policy of insurance must be determined by the ordinary and usual meaning given the word "customer," considering the manner of its use and the intention of the parties to the contract. Webster's New International Dictionary (sec. ed.) defines customer as "one who regularly, customarily, or repeatedly makes purchases of, or has business dealings with, a tradesman or business establishment; a buyer or purchaser; a patron." It has also been defined as "a buyer, purchaser, or patron; a person with whom a business house, or business man, has regular or repeated dealings." 25 C. J. S. 74. See, also, 10 Words Phrases, 740, and cit. It has been held to mean creditors of a partnership. Askew v. Silman, 95 Ga. 678 (22 S.E. 573). The traverse set out that Herman Johnson had repeated and regular business dealings with the motor company in obtaining automobiles from it to use in calling upon and locating prospective purchasers for such automobiles, and that he had secured over 125 prospects who purchased automobiles from the motor company in the 25 months period that immediately preceded the accident; that he was not an agent and employee of the motor company, for, while he received commissions on sales made by him *Page 174 or caused by his services, he received no salary from the motor company, and had no right to conclude any sale, or to make any agreement as to the value of automobiles connected with such sales and was not subject to any control or direction by the motor company; but came and went as he pleased, and sought prospects wherever he could locate them, and at such times as suited his convenience. Also, in the answers filed to the plaintiff's suit by the motor company and Herman Johnson, they each denied that he was an agent and employee of the motor company, and these answers were made a part of the traverse. He was operating the automobile with the knowledge and consent of the motor company under their agreement whereby it furnished him an automobile and six gallons of gasoline a week for its operation. Under this arrangement, during the 25-months period next preceding the accident which caused the death of the plaintiff's son, he had procured purchasers for more than 125 automobiles from the motor company. He had regularly and repeatedly obtained automobiles from the motor company under the same or similar circumstances that he obtained the automobile he was driving at the time of the accident. It was customary for him to obtain automobiles from the motor company under his agreement with it, and customary for the motor company to furnish him the automobile and six gallons of gasoline a week with which to operate it. He regularly, customarily, and repeatedly had business dealings with the motor company, which, in our opinion, constituted him a customer of the motor company. It was the custom for him to so deal with this company. Our conclusion that he was a customer is reached by giving this word its usual and common signification, taking into consideration the manner of its use in the provision of the policy now under consideration. Being a customer of the motor company, and operating one of its motor vehicles at the time of the accident, he comes within the provisions of the policy of insurance entered into between the garnishee and the motor company for the benefit of the motor company and its customers while such customers were riding in or operating one of the motor vehicles of the motor company.
(2) The fact that the plaintiff brought her suit against Herman Johnson and the G. L. Hight Motor Company jointly, contending that he was a salesman and the agent and employee of the motor company at the time of the accident, would not prevent her from *Page 175 maintaining her traverse, wherein she contended that he was a customer of the motor company at that time, upon the ground that her position in the suit was inconsistent with and contrary to her position in the traverse. The garnishee was not a party to her suit against Herman Johnson and the G. L. Hight Motor Company, and the traverse does not show that the garnishee has been injured or prejudiced by the fact that the plaintiff brought her action jointly against the two defendants therein and obtained a judgment against only one of them. The fact that Herman Johnson was not acting as the agent of the motor company at the time the plaintiff's son was killed would not prevent him from being a customer of the motor company operating one of its motor vehicles at that time. Hodges v. Ocean Accident Guarantee Corporation, supra. The traverse set out a cause of action, and the judge erred in sustaining the demurrers and dismissing the traverse.
Judgment reversed. Stephens, P. J., and Felton, J., concur.