Legal Opinion

McDaniel v. German American Insurance

Supreme Court of Georgia

Decided February 22, 1910PublishedCited by 16 opinions

Action upon insurance policy. Before Judge Brand. Franklin superior court.

1Opinion of the CourtExsi-i, C. J.

1. It being stipulated in a policy of fire insurance that no suit should be sustainable thereon “unless commenced within twelve months next after the fire,” an action brought after the lapse of that period would be barred, although it purported on its face to be a renewal of a previous action which was instituted in a State court having-jurisdiction thereof, within the time limited, which was removed to the circuit court of the United States and there dismissed, and then renewed in the State court, after the payment of all costs, within six months from such dismissal. Melson v. Phenix Ins.…

2Cases cited3 opinions

  1. Melson v. Phenix InsuranceSupreme Court of Georgia · 1896
  2. Metropolitan Life Insurance v. CaudleSupreme Court of Georgia · 1905
  3. Webb v. Southern Cotton Oil Co.Supreme Court of Georgia · 1908

3Cited by16 opinions

  1. Stanley v. Sterling Mutual Life InsuranceCourt of Appeals of Georgia · 1913
  2. Yates v. Cotton States Mutual Insurance CompanyCourt of Appeals of Georgia · 1966
  3. Herring v. Middle Georgia Mutual InsuranceCourt of Appeals of Georgia · 1979
  4. Knights of the Ku Klux Klan Inc. v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1933
  5. American Insurance v. McVickers Bros.Supreme Court of Georgia · 1910

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