Tolbert v. Caledonian Insurance
Supreme Court of Georgia
Equitable petition. Before Judge Falligant. Chatham superior court. December term, 1896. The petition alleges, that plaintiff conferred with Wheaton, a regularly employed solicitor for Davant & Son, agents of the defendant, with the view of procuring insurance against loss by fire upon her dwelling-house and the furniture therein, situate in Savannah.
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Equitable petition. Before Judge Falligant. Chatham superior court. December term, 1896. The petition alleges, that plaintiff conferred with Wheaton, a regularly employed solicitor for Davant & Son, agents of the defendant, with the view of procuring insurance against loss by fire upon her dwelling-house and the furniture therein, situate in Savannah. The solicitor suggested the amount of $800, in which she acquiesced; and subsequently, without any written application from her or any agent for her, without any question as to ownership, and without objection from any source, defendant issued…
1Opinion of the CourtLittle, J.
The court below treated the petition as a suit on a policy of fire-insurance, and sustained a demurrer filed by the defendant, on the grounds, that by the terms of the contract attached to the petition no action could be maintained unless commenced within twelve months next after the fire occurred, and because the petition set out no cause of action. The plaintiff in error insists that the'court below misunderstood the nature of the case presented in the petition, and avers it to be an action seeking to recover damages from the defendant *745for fraud perpetrated upon the plaintiff in issuing to…
2Cases cited4 opinions
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3Cited by20 opinions
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- Fowler v. Southern Airlines Inc.Supreme Court of Georgia · 1941
- Robertson v. PanlosSupreme Court of Georgia · 1951
- Whitfield v. WhitfieldSupreme Court of Georgia · 1948
- Moore v. WellsSupreme Court of Georgia · 1956
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