Virginia Fire & Marine Insurance v. Feagin Bros.
Supreme Court of Georgia
Insurance. Contracts. -Title. Lien. Parties. Yer-dict. Before Judge Grice. Bibb Superior Court. April Term, 1878. Feagin Brothers (the payees of the policy sued on) brought suit, for the use of the Macon Fire Insurance and Trust Association, against the Yirginia Fire and Marine Insurance Company, alleging an indebtedness of $2,500.00 on a policy of insurance, $1,000.00 of which was on their wooden dwelling, etc., and .$1,500.00 on their wooden livery stable ; that the…
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Insurance. Contracts. -Title. Lien. Parties. Yer-dict. Before Judge Grice. Bibb Superior Court. April Term, 1878. Feagin Brothers (the payees of the policy sued on) brought suit, for the use of the Macon Fire Insurance and Trust Association, against the Yirginia Fire and Marine Insurance Company, alleging an indebtedness of $2,500.00 on a policy of insurance, $1,000.00 of which was on their wooden dwelling, etc., and .$1,500.00 on their wooden livery stable ; that the insurance extended from. 1873 to 1874, was then renewed from 1874 to 1875, and from 1875 to October 31st, 1876, and the loss…
1Opinion of the Court
Jackson, Justice.
1. Is the instrument such an alienation of the property as, under our Code, section 2807, defeats the recovery under the policy? We' think that it is not. Probably, for certain purposes, the title passed — the mere legal title — but it passed to a trustee for the use of certain parties, and among them the assured; really to secure a debt of his and account to him. Whilst, therefore, there might have been a recovery in ejectment by the trustee for the purposes of a trust, as ruled on a somewhat similar paper in 60 Ga., 434, still the equitable title — the real title — and the…
2Cases cited2 opinions
- Wilson v. First Presbyterian ChurchSupreme Court of Georgia · 1876
- Cameron v. PhillipsSupreme Court of Georgia · 1878
3Cited by3 opinions
- Orient Insurance Company v. DunlapSupreme Court of Georgia · 1941
- Merchants' & Mechanics' Insurance v. Vining & BrotherSupreme Court of Georgia · 1881
- Nussbaum v. Northern Ins.U.S. Circuit Court for the Southern District of Georgia · 1889