Legal Opinion

Underwriters' Agency v. Sutherlin

Supreme Court of Georgia

Decided July 15, 1875PublishedCited by 29 opinions

Insurance. Statute of limitations. Principal and agent. Carriers. Perils of navigation. Before Judge Wright. Dougherty Superior Court. April Term, 1875. This is the third time this case has been before this court.

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Insurance. Statute of limitations. Principal and agent. Carriers. Perils of navigation. Before Judge Wright. Dougherty Superior Court. April Term, 1875. This is the third time this case has been before this court. See 46 Georgia Reports, 652. On March 6th, 1868, Sutherlin brought assumpsit against the Underwriters’ Agency on a policy of insurance, for damages alleged to have been sustained by him on twenty bales of cotton shipped from Albany, Georgia, to the city of New York, via Apalachicola, Florida. This risk was entered on an open policy issued by Y. G. Rust, defendant’s agent, on January…

1Opinion of the Court

Bleckley, Judge.

Cotton was insured through its entire voyage from Albany, Georgia, to New York city. On arriving at its destination it was found to be damaged by wetting with fresh water at one end of the bales. Application was at once made to the Un*272derwriters' Agency to settle the damage. Payment was refused. The local agent continued to urge upon the company that the claim was a proper one, and an adjusting agent held correspondence with the insured, by letter, from the home office, after the twelve months for suit fixed by the contract had expired. Suit was not brought until nearly two…

2Cited by29 opinions

  1. Parris & Son, Inc. v. CampbellCourt of Appeals of Georgia · 1973
  2. Corporation of the Royal Exchange Assurance v. FranklinSupreme Court of Georgia · 1924
  3. Assurance Co. of America v. BellCourt of Appeals of Georgia · 1963
  4. Melson v. Phenix InsuranceSupreme Court of Georgia · 1896
  5. Graham v. Niagara Fire InsuranceSupreme Court of Georgia · 1899

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