Swain v. Macon Fire Insurance
Supreme Court of Georgia
Action on insurance policy. Before Judge Felton. Bibb • superior court. April term, 1896. Swain brought suit upon a policy of fire-insurance upon a dwelling-house and furniture therein contained. On the trial, at the close of plaintiff’s evidence, the court on motion ordered that he be nonsuit for the claim of loss upon the house; and at the close of all the evidence, directed a verdict for the defendant.
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Action on insurance policy. Before Judge Felton. Bibb • superior court. April term, 1896. Swain brought suit upon a policy of fire-insurance upon a dwelling-house and furniture therein contained. On the trial, at the close of plaintiff’s evidence, the court on motion ordered that he be nonsuit for the claim of loss upon the house; and at the close of all the evidence, directed a verdict for the defendant. Plaintiff moved for a new trial, because the verdict was contrary to law and evidence; because the court erred in directing said verdict; and because the court erred in granting the nonsuit,…
1Opinion of the CourtLumpkin, P. J.
1. The ruling announced in the first headnote is directly supported by the decision of this court in Carrugi v. Atlantic Fire Ins. Co., 40 Ga. 185, and City Fire Ins. Co. v. Carrugi, 41 Ga. 660, both of which are cited approvingly in Greenwich Ins. Co. v. Sabotnick, 91 Ga. 719. In this connection, see, also, Clay v. Phœnix Ins. Co., 97 Ga. 44; Phenix Ins. Co. v. Searles, 100 Ga. 97.
2. The evidence was conflicting upon the question whether or not the agent of the insurance company had notice of the prior insurance at the time he issued the policy sued upon in the present case. The solution of…
2Cases cited6 opinions
- Clay v. Phœnix InsuranceSupreme Court of Georgia · 1895
- City Fire Insurance v. CarrugiSupreme Court of Georgia · 1871
- Phenix Insurance v. SearlesSupreme Court of Georgia · 1897
- Greenwich Insurance v. SabotnickSupreme Court of Georgia · 1893
- Jenkins v. JenkinsSupreme Court of Georgia · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- City Fire Insurance v. CarrugiSupreme Court of Georgia · 1871
- Talbotton Railroad v. GibsonSupreme Court of Georgia · 1898
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Brown v. Globe & Rutgers Fire InsuranceSupreme Court of Georgia · 1926
18 more not listed; retrieve them via the Exa API.