Underwriters' Agency v. Sutherlin
Supreme Court of Georgia
Attachment. Insurance. Open policy. Before Richard E. Lyon, Esq., Attorney at Law, presiding by consent. Dougherty Superior Court. June Term, 1871. Williajn T. Sutherlin sued out an attachment against the Underwriters’ Agency, composed of the Germania, Hanover, Niagara and Republic Eire Insurance Companies, of New York, for the sum of |742 43, besides interest and expenses.
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Attachment. Insurance. Open policy. Before Richard E. Lyon, Esq., Attorney at Law, presiding by consent. Dougherty Superior Court. June Term, 1871. Williajn T. Sutherlin sued out an attachment against the Underwriters’ Agency, composed of the Germania, Hanover, Niagara and Republic Eire Insurance Companies, of New York, for the sum of |742 43, besides interest and expenses. At the appearance term a declaration in attachment was filed, containing, substantially, the following allegations; that petitioner brings his suit upon the following written contract, to-wit: “No. 29. Underwriters’…
1Opinion of the Court
McCay, Judge.
Did this case turn solely on the proof of loss, we arc not prepared to say that the verdict is wrong. Section 2788 of our Code gives a very wide definition of the phrase, “ perils of the sea,” and the phraseology of the latter clause would seems to make the insurer responsible, even for the negligence of the master, except in the cases there specified. True, this section seems in conflict with section 2785, but there may be reason in the suggestion that section 2785 refers to an insurance on the ship only. We do not, however, intend to decide this point, as, in the view we take…
2Cited by6 opinions
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- Lipshitz v. New Zealand InsuranceCourt of Appeals of Georgia · 1926
- Metropolitan Life Insurance v. HarrodCourt of Appeals of Georgia · 1932
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