Legal Opinion

Roberts v. Germania Fire Insurance

Supreme Court of Georgia

Decided February 9, 1884PublishedCited by 8 opinions

Insurance. Contracts. Actions. Amendment. Before • Judge Adams. Glynn Superior Court. May Term, 1883. On November 14,1882, Mrs. A. E. W. Roberts, as tbe -surviving partner of the firm of J. L. Roberts & Company, .instituted a suit in Glynn superior court against the Ger-mania Fire Insurance Company and the Hanover Fire In- ■ surance Company.

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Insurance. Contracts. Actions. Amendment. Before • Judge Adams. Glynn Superior Court. May Term, 1883. On November 14,1882, Mrs. A. E. W. Roberts, as tbe -surviving partner of the firm of J. L. Roberts & Company, .instituted a suit in Glynn superior court against the Ger-mania Fire Insurance Company and the Hanover Fire In- ■ surance Company. The declaration alleged as follows: “ On June 1, 1881, said firm took out a policy of insurance, issued by the Germania Fire Insurance Company and the Hanover Fire Insurance Company, both of the city of New York, as a joint policy, under the name of the…

1Opinion of the Court

Jackson, Chief Justice.

The original declaration is for the recovery on a policy renewed, or at least considered as renewed. The amendment is for failing and refusing to renew a policy. The amendment introduces a new cause of action, and was improperly allowed. Code, §34S0. The original action was on a policy renewed, but not in writing, and was therefore demurrable, Code §2794; and there was thus no error in dismissing the action.

The plaintiff may, perhaps, recover on an original suit, like the amendment, under the decision in 43 Ga., 583; but she must begin de novo.

Judgment affirmed.

2Cases cited1 opinion

  1. Seabrook v. Underwriters AgencySupreme Court of Georgia · 1871

3Cited by8 opinions

  1. Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
  2. Rowell v. Georgia Casualty & Surety Co.Court of Appeals of Georgia · 1964
  3. Barron v. WalkerSupreme Court of Georgia · 1888
  4. Heisley v. Allied American Mutual Fire InsuranceCourt of Appeals of Georgia · 1944
  5. The Home Insurance Company v. Thurmond TannerCourt of Appeals for the Fifth Circuit · 1955

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