Delaware Insurance v. Pennsylvania Fire Insurance
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Fulton superior1 court-. May 12, 1905. The Pennsylvania Fire Insurance Company brought suit against the Delaware Insurance Company, alleging in brief as follows: On or about May 9, 1900, tbe plaintiff issued its policy of insurance, whereby it insured certain property of one Stenzel for the term of three years from May 9, 1900, in the sum of eight thousand dollars; and on or about the same date the Delaware Insurance Company,…
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Equitable petition. Before Judge Pendleton. Fulton superior1 court-. May 12, 1905. The Pennsylvania Fire Insurance Company brought suit against the Delaware Insurance Company, alleging in brief as follows: On or about May 9, 1900, tbe plaintiff issued its policy of insurance, whereby it insured certain property of one Stenzel for the term of three years from May 9, 1900, in the sum of eight thousand dollars; and on or about the same date the Delaware Insurance Company, through its agency in the city of Atlanta, reinsured the plaintiff in the sum of twenty-five hundred dollars upon its…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1-3. In a suit for damages growing out of a breach of a contract required by the statute of frauds to be in writing, the petition is not demurrable on the ground that it does not state whether the contract was in writing or not. Draper, Moore & Co. v. Macon Dry Goods Co., 103 Ga. 661; Bluthenthal & Bickart v. Moore, 106 Ga. 424; Taliaferro v. Smiley, 112 Ga. 62. Where'a proceeding is brought for the purpose of reforming a written contract, “the instrument which is sought to be reformed should be set forth in the bill, so that from it and the allegations in the bill…
2Cases cited42 opinions
- Mississippi & Dominion Steamship Co. v. SwiftSupreme Judicial Court of Maine · 1894
- Barry v. CoombeSupreme Court of the United States · 1828
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
- Peoria Marine & Fire Insurance v. WalserIndiana Supreme Court · 1864
- City Fire Insurance v. CarrugiSupreme Court of Georgia · 1871
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3Cited by26 opinions
- Dover v. BurnsSupreme Court of Georgia · 1938
- Athens Mutual Insurance v. EvansSupreme Court of Georgia · 1909
- Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937
- Clarke Bros. v. McNattSupreme Court of Georgia · 1909
- Baker v. DavisSupreme Court of Georgia · 1907
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