Kelly v. Georgia Casualty & Surety Co.

Bell, Judge.

In Clark v. Kelly, 217 Ga. 449 (122 SE2d 731), the Supreme Court, Chief Justice Duckworth dissening, in reversing the decision of this court in Kelly v. Ga. Cas. & Surety Co., 104 Ga. App. 167 (121 SE2d 313), held that the present petition stated a cause of action for deceit. In view of this holding the trial court properly overruled the general demurrer.

The defendant’s motion for judgment notwithstanding the verdict as amended contended, firstly, that the plaintiff cannot recover on the contract because all contracts of insurance must be in writing, and there being no evidence to…