Globe & Rutgers Fire Ins. v. Cleveland

This action was brought in the Circuit Court of Wilson County by Rufus Hunter, for the use and benefit of the Globe & Rutg’ers Fire Insurance Company. The defendant interposed a plea of former suit pending-. Plaintiff’s motion to strike this plea was overruled, and when he declined to plead further, the suit was dismissed. From the judgment of dismissal the plaintiff has prosecuted his appeal to this court.

The declaration averred that the defendant negligently damaged an automobile, the property of Hunter, in the sum of $464.45; that Hunter was insured against such damage by the Globe &…