Queen Insurance Co. of America v. Hartwell Ice & Laundry Co.
Court of Appeals of Georgia
. Action upon insurance policy; from city court of Hartwell — 1 Judge Pendleton presiding. O.n August 27,' 1908, Linder, as .president of the Hartwell Ice & Laundry Company, made a verbal application to Matheson, agent of the Queen Insurance Company, located at Hartwell, for a policy of insurance of $2,000 on the plant and machinery of the company.
Read the full summary
. Action upon insurance policy; from city court of Hartwell — 1 Judge Pendleton presiding. O.n August 27,' 1908, Linder, as .president of the Hartwell Ice & Laundry Company, made a verbal application to Matheson, agent of the Queen Insurance Company, located at Hartwell, for a policy of insurance of $2,000 on the plant and machinery of the company. Matheson then informed Linder that he could not at that time issue a regular policy, because he did not know the proper rate of premium, but that lie would make a memorandum on the books of the insurance company kept by him, of a “binder,” and that…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
1. It is manifest that Linder, as president of the Hartwell Ice & Laundry Company, and Matheson, as agent of the Queen Insurance Company, intended to make a binding contract of insurance. It was in the contemplation of both parties that the memorandum made by Matheson, in accordance with his custom, called á “binder,” should constitute an effective and complete contract of insurance between the insurer and the insured, and that the duration of the contract thus created, first by the temporary “binder,” and continued by the regular policy, should be for one…
2Cases cited6 opinions
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Todd v. German American InsuranceCourt of Appeals of Georgia · 1907
- Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
- Insurance Co. of North America v. DeLoach & Co.Court of Appeals of Georgia · 1908
- J. C. Smith & Wallace Co. v. Prussian National InsuranceSupreme Court of New Jersey · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stonsz v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
- Rossi v. Firemen's Insurance Co.Supreme Court of Pennsylvania · 1932
- Poteete v. MFA Mutual Insurance CompanySupreme Court of Oklahoma · 1974
- Newark Fire Insurance v. SmithSupreme Court of Georgia · 1932
- Cincinnati Insurance v. StuartCourt of Appeals of Georgia · 1976
7 more not listed; retrieve them via the Exa API.