Macon Fire Insurance v. Powell & Co.

Suit was instituted by T. W. Powell & Company upon a policy of fire-insurance issued by the Macon Fire Insurance Company. It set up the defense that, at the time of the fire referred to in the plaintiffs’ petition, they held policies issued by other insurance companies which covered the property destroyed, and that it had already paid to the plaintiffs its proportionate part of the loss sustained, agreeably to the terms of the policy it had issued to them. The case was, by consent of the parties, submitted to the trial judge without the intervention of a jury, and he entered up judgment in…