Thornton v. Germania Fire Insurance
Court of Appeals of Georgia
Action on insurance policy; from city court of Sylvester — Judge Monk. January 13, 1920. See Thornton v. Germania Fire Insurance Co., 151 Ga. 312 (106 S. E. 26.4). Mrs. Mary E. Thornton, doing business in the name of Bridgeboro Mercantile Company, brought suit against the Germania Eire Insurance Company upon a policy of fire insurance.
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Action on insurance policy; from city court of Sylvester — Judge Monk. January 13, 1920. See Thornton v. Germania Fire Insurance Co., 151 Ga. 312 (106 S. E. 26.4). Mrs. Mary E. Thornton, doing business in the name of Bridgeboro Mercantile Company, brought suit against the Germania Eire Insurance Company upon a policy of fire insurance. The policy contained a provision that “no suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements,” and one of the “ foregoing…
1Opinion of the CourtBroyles, C. J.
(After stating the foregoing facts.) Whether the court erred in striking paragraph 5 of the amendment to the petition is the controlling question in the case; and, in view of the fact that this question is one of first impression in Georgia, and for that reason was by this court certified to the Supreme Court, and by that court returned to this court without instructions, the Justices being equally divided in opinion on the question, we think it advisable to discuss this subject at some length.
While neither appellate court in this State has ever passed upon the question whether a compliance…
2Cases cited15 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
- Central City Insurance v. OatesSupreme Court of Alabama · 1888
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3Cited by1 opinion
- Morris v. Peachtree Heights Park Co.Court of Appeals of Georgia · 1928