Brown v. Savannah Mutual Insurance
Supreme Court of Georgia
In equity, from Chatham Superior Court. Decision on ■demurrer by Judge Fleming, at May Term, 1857. This case ivas heard before Judge Fleming, on tho following statement of facts: Ann Brown, before her 'coverture, and as a single woman, by the name of Ann Lavan, effected an insurance in the Savannah Mutual Insurance Company, for six hundred dollars,, on a stock of groceries, located in Robortsville, which is a part of the city of Savannah.
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In equity, from Chatham Superior Court. Decision on ■demurrer by Judge Fleming, at May Term, 1857. This case ivas heard before Judge Fleming, on tho following statement of facts: Ann Brown, before her 'coverture, and as a single woman, by the name of Ann Lavan, effected an insurance in the Savannah Mutual Insurance Company, for six hundred dollars,, on a stock of groceries, located in Robortsville, which is a part of the city of Savannah. In her written application for tho insurance to the said, company, 'she described the store, in which said stock of groceries was, as “Lot No. 14, Walton…
1Opinion of the CourtMcDonald, J.
By the Court. delivering the opinion.,[1.] The first assignment of error in the decision of the .presiding Judge in the Court below, presented in this record, ■cannot be supported. The objection made by the defendant to the payment of the loss, was, prima facie a good one, and insuperable in a Court of Law, as is manifest by the complainant’s resort to a Court of Chancery for relief. It cannot be that a valid legal objection to the payment is a waiver of .all other objections; or that the plaintiffs should be entitled to recover, without the proof required by the stipulations in their policy,…
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