Legal Opinion

Ætna Insurance v. Lipsitz

Supreme Court of Georgia

Decided February 22, 1908PublishedCited by 17 opinions

Action upon insurance policy. Before Judge Bawlings. Tattnall superior court: September 7, 1906. On April 15, 1904, the AEtna Insurance Company issued to Wolf Lipsitz a policy for $3,000 on a stock of merchandise in the town of Collins, to continue in force for one year. A fire occurred March 13, 1905, greatly damaging the goods; and upon refusal of the company to pay the loss, the assured entered suit on the poliey. Breach of the “iron-safe clause” was pleaded.

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Action upon insurance policy. Before Judge Bawlings. Tattnall superior court: September 7, 1906. On April 15, 1904, the AEtna Insurance Company issued to Wolf Lipsitz a policy for $3,000 on a stock of merchandise in the town of Collins, to continue in force for one year. A fire occurred March 13, 1905, greatly damaging the goods; and upon refusal of the company to pay the loss, the assured entered suit on the poliey. Breach of the “iron-safe clause” was pleaded. Upon the trial the-evidence submitted in behalf of plaintiff tended to show that on the night of the fire he was in the town of…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

1. The only complaint referred to in the brief of counsel for plaintiff in error as to an inventory is, that a portion of the one taken February 24, 1904, was in Hebrew; it not being stated what portion. We have carefully examined the inventory set out in the record and closely scrutinized the brief of evidence, and have failed to find anything tending to show that any part of the inventory was in Hebrew. We must, therefore, of course, hold that such complaint was without merit.

2. The point most strenuously insisted upon by plaintiff in ■error is, that, under the…

2Cases cited15 opinions

  1. Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
  2. Royal Insurance v. MartinSupreme Court of the United States · 1904
  3. Liverpool & London & Globe Insurance v. EllingtonSupreme Court of Georgia · 1894
  4. Morris v. Imperial Insurance Co. Ltd. of LondonSupreme Court of Georgia · 1899
  5. Western Assur. Co. v. ReddingCourt of Appeals for the Fifth Circuit · 1895

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

3Cited by17 opinions

  1. Life Insurance Co. of Virginia v. WilliamsCourt of Appeals of Georgia · 1933
  2. Bridges v. Home Guano Co.Court of Appeals of Georgia · 1924
  3. Bickford v. NolenCourt of Appeals of Georgia · 1977
  4. Mandeville Mills v. MilamCourt of Appeals of Georgia · 1929
  5. Cotton States Mutual Insurance Company v. TorranceCourt of Appeals of Georgia · 1964

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

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