Hart v. Waldo
Supreme Court of Georgia
Action for deceit. Before. Judge Reid. City court of Atlanta. March 3, 1902. Mrs. Hart sued Waldo and the Phenix Insurance Company, a New York corporation, in an action for deceit. Her petition stated substantially the following case: She is the owner of, and is entitled to the possession of, a policy of fire-insurance for $1,200, issued by the defendant insurance company, on her house in the city of Atlanta.
Read the full summary
Action for deceit. Before. Judge Reid. City court of Atlanta. March 3, 1902. Mrs. Hart sued Waldo and the Phenix Insurance Company, a New York corporation, in an action for deceit. Her petition stated substantially the following case: She is the owner of, and is entitled to the possession of, a policy of fire-insurance for $1,200, issued by the defendant insurance company, on her house in the city of Atlanta. On December 10, 1897, while the policy was in force, her house was destroyed by fire. The defendant Waldo was at that time, and still is, the local agent- of the insurance company, and…
1ConcurrenceCandler, J.
I concur in the judgment rendered, and I also entertain the view (in which all of my brethren do not agree with me) that the alleged misrepresentations relied on by the plaintiff in the court below related exclusively to a matter of law; that they Avere, at most, merely expressions of the opinion of one of the defend.ants; and that therefore they are not legally sufficient to support an action of deceit. In my opinion, this is the overshadowing question in the case; and, with the utmost respect for the views-of my brethren, I desire to give expression of my idea of the law which should…
2Cases cited8 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Quinlan v. Providence Washington InsuranceNew York Court of Appeals · 1892
- Wierengo v. American Fire InsuranceMichigan Supreme Court · 1894
- Martin v. HarwellSupreme Court of Georgia · 1902
3 more not listed; retrieve them via the Exa API.