Legal Opinion

Wood v. First National Fire Insurance

Court of Appeals of Georgia

Decided December 11, 1917No. 8614PublishedCited by 3 opinions

Action upon insurance policy; from city court of Savannah— Judge Freeman. March 17, 1917. On the 13th of August, 1915, the First National Fire Insurance Company, hereafter called the defendant, issued to Isidore Woods, hereafter called the plaintiff, a policy of insurance for the sum of $4,000, on a stock of wines, liquors, beers, cordials, and such other merchandise not more hazardous, “while contained in a brick, metal-roof building occupied for mercantile purposes,”…

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Action upon insurance policy; from city court of Savannah— Judge Freeman. March 17, 1917. On the 13th of August, 1915, the First National Fire Insurance Company, hereafter called the defendant, issued to Isidore Woods, hereafter called the plaintiff, a policy of insurance for the sum of $4,000, on a stock of wines, liquors, beers, cordials, and such other merchandise not more hazardous, “while contained in a brick, metal-roof building occupied for mercantile purposes,” situated in Savannah, Georgia. On the 12th of November, 1915, this building, together with the liquors, were destroyed by…

1Opinion of the CourtJenkins, J.

(After stating the foregoing facts.) While we think the stipulations contained in the policy of insurance attached to the petition clearly indicate that the insured liquors were kept by the plaintiff for the purpose of illegal sale, still, in order to make out a violation of the prohibition law of 1907 (Penal Code of 1910, § 426), it is wholly unnecessary to show for what-purpose the intoxicants were kept at the place of business, the criminal act in such a case being merely the keeping on hand of such_liquors at such a place. Cohen v. State, 7 Ga. App. 5 (65 S. E. 1096). Therefore the only…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
  2. Phenix Insurance v. ClaySupreme Court of Georgia · 1897
  3. Erb v. German-American InsuranceSupreme Court of Iowa · 1897
  4. Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
  5. Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881

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3Cited by3 opinions

  1. Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
  2. Northside Farmers Market Inc. v. WrightCourt of Appeals of Georgia · 1949
  3. Vos v. Albany Mutual Fire InsuranceSupreme Court of Minnesota · 1934

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