Ellerman v. Atlanta American Motor Hotel Corporation

Bell, Chief Judge.

1. The fact that plaintiff has settled with his insurance company for the loss of the automobile will not operate to bar the plaintiff from bringing this suit to recover for the items of personalty contained within the trunk on the theory of splitting of the claim. Both parties cite Story v. Rivers, 220 Ga. 232 (138 SE2d 304). The rule prohibiting splitting causes of action is for the benefit of the defendant tortfeasor, to protect him from a multiplicity of suits. There is no evidence here showing a judgment, settlement, or pending action against the defendant for the loss…