Liverpool & London & Globe Insurance v. Ellington
Supreme Court of Georgia
Action on insurance policy. Before Judge Sweat. Ware superior court. November term, 1893. The opinion states tbe material facts, except that the ground of the motion for continuance was, as stated by counsel, that they were surprised by the amendment (referred to in the second head-note), and were thereby less prepared for trial, because they had prepared the case with express reference to the averment in the original petition that plaintiff had complied with all the…
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Action on insurance policy. Before Judge Sweat. Ware superior court. November term, 1893. The opinion states tbe material facts, except that the ground of the motion for continuance was, as stated by counsel, that they were surprised by the amendment (referred to in the second head-note), and were thereby less prepared for trial, because they had prepared the case with express reference to the averment in the original petition that plaintiff had complied with all the conditions precedent to a recovery, but were unprepared to meet the averment in the amendment setting up an excuse for…
1Opinion of the Court
Simmons, Justice.
1. It appears from the record that on November 1st, 1892, the Liverpool and London and Globe Insurance Company issued to Ellington a policy of insurance for-the term of one year, upon a certain stock of goods and storehouse in the town of Saussy, Ga. On December 29th, 1892, the property insured was destroyed by fire. On December 30th, 1892, Ellington made a written assignment of the policy to the Savannah Grocery Company. Subsequently this action was brought by Ellington, for the use of the assignee. When the case came on for trial, the defendant moved to dismiss the same on…
2Cases cited1 opinion
- Gilmore v. BangsSupreme Court of Georgia · 1875
3Cited by36 opinions
- Georgia-Carolina Brick & Tile Co. v. BrownCourt of Appeals of Georgia · 1980
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Sullivan v. CurlingSupreme Court of Georgia · 1919
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Life Insurance Co. of Virginia v. WilliamsCourt of Appeals of Georgia · 1933
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