Legal Opinion

Newark Fire Insurance v. Smith

Supreme Court of Georgia

Decided December 14, 1932No. 8927PublishedCited by 18 opinions

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

  1. Savings Bank v. WardSupreme Court of the United States · 1880
  2. National Bank v. BurkhardtSupreme Court of the United States · 1880
  3. Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
  4. Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
  5. Boorman v. JenkinsNew York Supreme Court · 1834

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3Cited by18 opinions

  1. Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
  2. Prudential Insurance Co. of America v. PerryCourt of Appeals of Georgia · 1970
  3. Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
  4. Georgia Casualty & Surety Co. v. HardrickSupreme Court of Georgia · 1955
  5. Turner Broadcasting System, Inc. v. Europe Craft Imports, Inc.Court of Appeals of Georgia · 1988

13 more not listed; retrieve them via the Exa API.

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