Legal Opinion
Garden City Cab Co. v. Fidelity & Casualty Co.
Court of Appeals of Georgia
Decided February 9, 1950No. 32874PublishedCited by 7 opinions
1Opinion of the CourtTownsend, J.
(After stating the foregoing facts.) Complaint is made in the briefs of counsel of the failure of the plaintiff to set out in his petition the statutory endorsement under the compulsion of which it paid the claim in question. The petition is defective in this regard under Code § 81-105, which requires the setting out of the instrument on which the cause of action is based. Such defect, however, is amendable, and is not reached by a general demurrer. Gonackey v. General Accident Fire &c. Assur. Corp., 6 Ga. App. 381 (3) (65 S. E. 53).
It is admitted that the statutory endorsement adopted by the…
2Cases cited4 opinions
- Ohran v. National Automobile Insurance Co.California Court of Appeal · 1947
- Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
- Illinois Casualty Co. v. KrolAppellate Court of Illinois · 1944
- American Fidelity & Casualty Co. v. Big Four Taxi Co.West Virginia Supreme Court · 1932
3Cited by7 opinions
- Erie Insurance Exchange v. GosnellCourt of Appeals of Maryland · 1967
- DeHart v. Liberty Mutual InsuranceSupreme Court of Georgia · 1998
- Smith v. National Union Fire InsuranceCourt of Appeals of Georgia · 1972
- PAN AMERICAN INSURANCE COMPANY v. SantosCourt of Appeals of Texas · 1956
- DeHart v. Liberty Mutual InsuranceSupreme Court of Georgia · 1998
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