Newark Fire Insurance v. Smith
Supreme Court of Georgia
1Opinion of the CourtBull, J.
In abbreviated form the first question is as follows : Where a written instrument declared on as a contract of fire insurance is silent as to the duration of the risk, and where the defendant is insisting that the alleged contract is-invalid because the period of the risk is not stated in the writing, is it permissible for the plaintiff to supply this element by allegation and proof of a general custom covering such matter? This question should be and is answered in the negative. Under the law of this State a contract of fire insurance, to be binding, must be in writing. Civil Code (1910), §…
2Cases cited20 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- Boorman v. JenkinsNew York Supreme Court · 1834
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3Cited by18 opinions
- Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
- Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
- Georgia Casualty & Surety Co. v. HardrickSupreme Court of Georgia · 1955
- Turner Broadcasting System, Inc. v. Europe Craft Imports, Inc.Court of Appeals of Georgia · 1988
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