Foster Company v. Livingston

On Motion for Rehearing.

Pannell, Judge.

The appellant, in its motion for rehearing, contends that the decision of the Supreme Court of this State, in Sanders v. American Liberty Ins. Co., 225 Ga. 796 (171 SE2d 539) is controlling here and requires a different result. The writer of this opinion in the present case was one of those dissenting when the Sanders case was before the Court of Appeals (120 Ga. App. 202), prior to its reversal by the Supreme Court. The facts in the Sanders case were that the defendant’s designated agent for service was served with two suits but did not forward one of…