Trust Co. v. Scottish Union & National Insurance
Supreme Court of Georgia
Action on insurance policy.' Before Judge Lumpkin. Fulton superior court. March 20, 1903. Hawkins borrowed from the Fidelity Trust & Loan Company $1,685, and secured the same by a deed to real estate under the Civil Code, § 2771. The receiver of this company applied to the Scottish Union and National Insurance Company for a policy of insurance on the building.
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Action on insurance policy.' Before Judge Lumpkin. Fulton superior court. March 20, 1903. Hawkins borrowed from the Fidelity Trust & Loan Company $1,685, and secured the same by a deed to real estate under the Civil Code, § 2771. The receiver of this company applied to the Scottish Union and National Insurance Company for a policy of insurance on the building. The petition averred that the receiver paid the premium, and that on ‘February 2, 1901, in consideration of said premium, the insurance company did insure W. A. Hawkins for an amount not exceeding $1,000, on the property described, the…
1Opinion of the CourtLamar, J.
It has been held that a bill to annul a contract for fraud and illegality, with an alternative prayer that the court would specifically enforce it if the same was found to be valid, presents two inconsistent and irreconcilable causes of action, and is fatally defective. St. Louis R. Co. v. Terre Haute R. Co., 33 Fed. *674448, citing Shields v. Barrow, 17 How. 130. But here the policy as written was not void, and the plaintiff might have a cause of action thereunder even if unable to establish its right to a reformation and the advantages incidentally flowing therefrom. In a suit to reform,…
2Cases cited8 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Hawkins v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Liverpool & London & Globe Insurance v. EllingtonSupreme Court of Georgia · 1894
- Lowe v. BurkeSupreme Court of Georgia · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Springfield Fire Insurance v. PriceSupreme Court of Georgia · 1909
- Canal Insurance v. Savannah Bank & Trust Co.Court of Appeals of Georgia · 1987
- Equitable Fire Insurance v. Jefferson Standard Life InsuranceCourt of Appeals of Georgia · 1921
- Griffith v. MooreSupreme Court of Georgia · 1937
- Phoenix Insurance v. Aetna Casualty & Surety Co.Court of Appeals of Georgia · 1969
12 more not listed; retrieve them via the Exa API.