Legal Opinion

Phenix Insurance v. Hart

Supreme Court of Georgia

Decided February 26, 1901PublishedCited by 28 opinions

Action on insurance policy. Before Judge Beid. City court of Atlanta. March 17, 1900.

1Opinion of the CourtFish, J.

Mrs. Hart sued the Phenix Insurance Company for the loss of certain household goods and furniture, which she claimed was covered by a policy issued to her by the defendant. The petition alleged that the plaintiff was entitled to recover, in addition to the value of the goods destroyed, damages and attorney’s fees, under section 2140 of the Civil Code. To such allegation the defendant demurred, on the ground that this section of the Civil Code is contrary to the constitution of the United States, in that it deprives insurance companies of property without due process of law, and denies them…

2Cases cited8 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
  3. South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
  4. Wilder v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1888
  5. Grand Rapids Chair Co. v. RunnelsMichigan Supreme Court · 1889

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3Cited by28 opinions

  1. Harp v. Fireman's Fund InsuranceSupreme Court of Georgia · 1908
  2. Missouri State Life Insurance v. LovelaceCourt of Appeals of Georgia · 1907
  3. Slaughter v. LinderCourt of Appeals of Georgia · 1970
  4. Glaze v. StateCourt of Appeals of Georgia · 1907
  5. Phœnix Insurance v. GraySupreme Court of Georgia · 1901

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