Peoples Bank v. Insurance Co. of North America
Supreme Court of Georgia
Claim to laud. Before Judge Smith. Newton superior court. September 21, 1915. Two mortgage fi. fas. in favor of the Peoples Bank of Mansfield, Georgia, and against L. R. Sams, were levied upon certain described real estate as the property of Sams. The Insurance Company of North America filed a claim to the property. Upon issue joined the case was tried, and at the conclusion of the evidence each party moved that the court direct a verdict in its favor.
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Claim to laud. Before Judge Smith. Newton superior court. September 21, 1915. Two mortgage fi. fas. in favor of the Peoples Bank of Mansfield, Georgia, and against L. R. Sams, were levied upon certain described real estate as the property of Sams. The Insurance Company of North America filed a claim to the property. Upon issue joined the case was tried, and at the conclusion of the evidence each party moved that the court direct a verdict in its favor. The court overruled the motion of the plaintiff, and sustained that of the claimant; whereupon the plaintiff excepted. It appeared from the…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The assignments of error raised three issues. (1) Did the payment to the Calvert Mortgage Company by the Insurance Company of North America of the amount of the debt due the mortgage company by the assured subrogate the insurance company to the rights of the mortgage company; or was such payment simply an extinguishment of the debt due the mortgage company by the assured? (2) Was the plaintiff in fi. fa., under the terms of the policy, estopped from showing by pa-rol. evidence that the insurance company had assented to the procurement of additional…
2Cases cited4 opinions
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
- Allen v. Watertown Fire InsuranceMassachusetts Supreme Judicial Court · 1882
- Beasley v. Phœnix InsuranceSupreme Court of Georgia · 1913
3Cited by18 opinions
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- Aldridge v. Dixie Fire & Casualty Co.Supreme Court of Georgia · 1967
- Le Doux v. DettmeringAppellate Court of Illinois · 1942
- Lucas v. Continental Casualty Co.Court of Appeals of Georgia · 1969
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