Edwards v. Farmers Mutual Insurance
Supreme Court of Georgia
Action on insurance policy. Before Judge Brand. Walton superior court. April 4, 1906. Edwards et al. brought suit against the Farmers Mutual Insurance Association of Georgia, on an insurance policy.
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Action on insurance policy. Before Judge Brand. Walton superior court. April 4, 1906. Edwards et al. brought suit against the Farmers Mutual Insurance Association of Georgia, on an insurance policy. The case was submitted to the presiding judge without a jury, upon an agreed statement of facts, containing the following: “Before the execu- tion of the contract, defendant adopted a by-law as follows: ‘Liabilities cease at once on dwellings in the Association, in which seed-cotton or loose lint cotton is stored.’ This by-law was adopted April 4, 1899. Paragraph 9 of the insurance contract…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
The defendant is a mutual co-operative insurance company. The by-laws of such a company, adopted in pursuance of the charter and existing, at the time of the issuance of a policy, become a part thereof, and the assured is presumed to have notice of them. Civil Code of 1895, §2135. A by-law of this company, in existence when the insurance was effected, declared that “Liabilities cease at once on dwellings in the association, in which seed-cotton or loose lint cotton is stored.” The policy, on its face, provided that “The association and the insured shall be governed…
2Cases cited2 opinions
- Norwaysz v. Thuringia InsuranceIllinois Supreme Court · 1903
- Kelly v. Worcester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by11 opinions
- Cherokee Credit Life Insurance v. BakerCourt of Appeals of Georgia · 1969
- Grigsby v. HOUSTON FIRE & CASUALTY INSURANCE COMPANYCourt of Appeals of Georgia · 1966
- Dixon v. Federal Farm Mortgage Corp.Supreme Court of Georgia · 1939
- Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932
- Commercial Union Fire Insurance v. CapouanoCourt of Appeals of Georgia · 1937
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