Lackey v. Georgia Home Insurance
Supreme Court of Georgia
Insurance. Before Hon. John Collier, presiding by consent. Fulton Superior Court. December, 1870. This was assumpsit by Lackey against said company, upon its policy of insurance for $850 00 on his two-story framed dwelling-house, and $150 00 on his one-story, framed storehouse, issued at Columbus, Georgia, on the__23d of August, JL867, and to run one year.
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Insurance. Before Hon. John Collier, presiding by consent. Fulton Superior Court. December, 1870. This was assumpsit by Lackey against said company, upon its policy of insurance for $850 00 on his two-story framed dwelling-house, and $150 00 on his one-story, framed storehouse, issued at Columbus, Georgia, on the__23d of August, JL867, and to run one year. One of the stipulations of this policy was: “This policy is made and accepted in reference to the conditions therein contained, which are to be used in order to explain the rights and obligations of the parties to this contract, in all…
1Opinion of the CourtMcCay, J.
Without doubt, there is an irreconcilable conflict in the authorities upon this question. Upon one side, are the Supreme Courts of Massachusetts and Pennsylvania: 23 Pick R., 418; 4 Allen Mass. R., 217; 6 Cushing R., 342; 2 Watts and Serg’t R., 506; 37 Maine R., 137. On the other side, the Suprgme-Court of the. United States, and the Supreme Court of New York; 16th Peters’ R., 496; 4 Howard R., 220; 20 Barbour R, 635; 22 N. Y. R., 402; 5 Ohio R., 467. The former Courts hold that the second policy does not void the first, unless the second be a valid one — one-that can be recovered upon — and…
2Cited by10 opinions
- Replogle v. American InsuranceIndiana Supreme Court · 1892
- American Insurance v. ReplogleIndiana Supreme Court · 1888
- Phenix Insurance v. LamarIndiana Supreme Court · 1886
- Funke v. Minnesota Farmers' Mutual Fire InsuranceSupreme Court of Minnesota · 1882
- Pitts v. Florida Central & Peninsular RailroadSupreme Court of Georgia · 1896
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