Legal Opinion
Natiional Ben Franklin Fire Insurance v. McGann
Supreme Court of Georgia
Decided May 16, 1930No. 7728PublishedCited by 8 opinions
1Opinion of the CourtGilbert, J.
1. Where a plaintiff bases his suit to reform a contract on allegations which show that he has no right to maintain the suit, either as the contract was executed or as he seeks to have it reformed, it is subject to general demurrer. It does not convert such fatally defective petition into a good cause of action if such plaintiff bring the suit “for the use” of another. To maintain a suit for the use of another, there must be a legal right of action in the party bringing the suit. Nortwich Union Fire Insurance Society v. Wellhouse, 113 Ga. 970 (39 S. E. 397) ; Wright v. Continental Insurance…
2Cases cited5 opinions
- American Surety Co. v. County of BibbSupreme Court of Georgia · 1926
- Norwich Union Fire Insurance Society v. WellhouseSupreme Court of Georgia · 1901
- State v. Bank of QuitmanSupreme Court of Georgia · 1903
- Ross v. Glover-Ball Co.Supreme Court of Georgia · 1923
- Wright v. Continental InsuranceSupreme Court of Georgia · 1903
3Cited by8 opinions
- Employers' Liability Assurance Corp. v. KeelinCourt of Appeals of Georgia · 1974
- Trust Co. of Ga. v. Mortgage-Bond Co. of N. Y.Supreme Court of Georgia · 1948
- Franklin v. MobleyCourt of Appeals of Georgia · 1945
- Southern Life Ins. Co. v. Citizens Bank of NashvilleCourt of Appeals of Georgia · 1955
- Browder v. CoxCourt of Appeals of Georgia · 1951
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