Todd v. German American Insurance
Court of Appeals of Georgia
Action pn insurance policies, from city court of Macon — Judge Hodges. March 29, 1907. Todd sued the German American Insurance Company of New York on two policies of insurance for the sum of $2,000 each. The court, at the conclusion of the plaintiff’s testimony, awarded a nonsuit, and the plaintiff brings error. We shall report only so much of the evidence as is necessary to the understanding of the points decided.
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Action pn insurance policies, from city court of Macon — Judge Hodges. March 29, 1907. Todd sued the German American Insurance Company of New York on two policies of insurance for the sum of $2,000 each. The court, at the conclusion of the plaintiff’s testimony, awarded a nonsuit, and the plaintiff brings error. We shall report only so much of the evidence as is necessary to the understanding of the points decided. Todd purchased a stock of goods in Macon from, the Dixie Company. This company was carrying insurance in several agencies, among which was that of Turpin. Todd caused some of the…
1Opinion of the CourtPowell, J.
(After stating the facts.)
1. It may be said generally that to„ constitute a completed contract of insurance, the minds of the parties should meet and agree upon five things: (1) the subject-matter to which the policy should attach; (3) the risk insured against; (3) the duration of the risk; (4) the amount of indemnity; (5) the premium to be paid. 1 Wood on Insurance, §5; Michigan Pipe Company v. Michigan Ins. Co., 92 Mich. 482, 20 L. R. A. 277; May on Insurance, §43 et seq.; Joyce on Insurance, §43. “All the essentials need not, however, be expressly negotiated upon, since they may be…
2Cases cited18 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- New York Life Insurance v. BabcockSupreme Court of Georgia · 1898
- Clay v. Phœnix InsuranceSupreme Court of Georgia · 1895
- Mechanics & Traders Insurance v. Mutual Real Estate & Blg. Ass'nSupreme Court of Georgia · 1896
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3Cited by58 opinions
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- Sasser v. Coastal States Life InsuranceCourt of Appeals of Georgia · 1966
- Rommel v. New Brunswick Fire Insurance Co.Supreme Court of Minnesota · 1943
- Spratlin, Harrington & Thomas, Inc. v. HawnCourt of Appeals of Georgia · 1967
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