Simonton, Jones & Hatcher v. Liverpool, London & Globe Insurance
Supreme Court of Georgia
Insurance. Equity. Estoppel. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Simonton, Jones & Hatcher brought suit against the Liverpool, London and Globe Insurance Company, alleging substantially as follows: On January 17th, 1872, plaintiffs paid to Walker & Boyd, the agents of the defendant, $40 00 premium, in consideration of which said agents subsequently delivered to them a policy of insurance made by said defendant, dated on the 20th of the month…
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Insurance. Equity. Estoppel. Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Simonton, Jones & Hatcher brought suit against the Liverpool, London and Globe Insurance Company, alleging substantially as follows: On January 17th, 1872, plaintiffs paid to Walker & Boyd, the agents of the defendant, $40 00 premium, in consideration of which said agents subsequently delivered to them a policy of insurance made by said defendant, dated on the 20th of the month aforesaid, whereby said defendant insured plaintiffs against all loss or damage by fire, to the amount of $2,000 00, for the…
1Opinion of the Court
McCay, Judge.
1. Our Code requires, in express terms, that all contracts of insurance must be in writing: Code, (1873,) section 2794. At common law this-was not so: Flanders on Insurance, 63; and many of the expressions in the eases, and, indeed, many of the cases themselves, are to be considered in view of the fact that the common law did' Dot require such contracts to be in writing. . A written contract not required by law to be in writing might always be, subsequent to its making, altered or modified by a new parol contract based on a consideration. But if the law require the insurance…
2Cited by36 opinions
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