Home Insurance v. Swann

The Home Insurance Company of New York sued J. W. Swann upon his promissory note, the consideration of which was two insurance policies, one fire and the other storm. This court held that two defenses to the suit were good as against general demurrer (Home Ins. Co. v. Swann, 34 Ga. App. 19, 128 S. E. 70), and a trial was had upon those two defenses. The jury found for the defendant, and the company excepted.

*359The defendant pleaded that he signed the note given for the policy “upon the express understanding and agreement with . .. Tarver, as the agent of the plaintiff, that said note should be…