Aldridge v. Dixie Fire & Cas. Co.
| Citation | 153 S.E.2d 723,223 Ga. 130 |
| Decision Date | 23 February 1967 |
| Docket Number | No. 23901,23901 |
| Parties | Vera P. ALDRIDGE et al. v. DIXIE FIRE & CASUALTY COMPANY. |
| Court | Georgia Supreme Court |
Syllabus by the Court
1. The uncontradicted evidence showing that appellant, Vera P. Aldridge, had alienated the insured property within the meaning of former Code § 56-825, applicable at the time of the loss, and no valid proof being offered that the insurer or its agent had been notified of the transfer of the property, the court correctly directed a verdict in favor of the insurer.
2. The direction of a verdict awarding damages plus interest to the insurer was authorized under the rule in American Ins. Co. v. Hattaway, 194 Ga. 15(3), 20 S.E.2d 406. Frank G. Wilson, Macon, for appellants.
Martin, Snow, Grant & Napier, Travis T. Lynch, Macon, for appellee.
This is an appeal from an order directing a verdict in favor of the Dixie Fire & Casualty Company, an insurer, in an action brought by appellants, Vera P. Aldridge and Shirley P. Aldridge, to enjoin a foreclosure sale under a power of sale in a security deed, and to have the security deed canceled. Petitioners alleged that they had obtained a fire insurance policy from the appellee covering a house located at 426 Cutters Lane, Macon, Georgia, that said house was completely destroyed by fire on October 19, 1960, that the policy was in full force and effect at that time, that the appellee refused to pay them under the policy but paid the holder of a security deed containing a power of sale and took a transfer of the deed and is now attempting to foreclose under the deed.
Appellee, Dixie Fire & Casualty Company, filed a cross action against appellants on the note and security deed executed by them in favor of Jesse B. Hart, Jr., as executor of the estate of Jesse B. Hart, the lender, seeking to recover $1400, the amount of the principal due on the note, plus interest and attorneys fees.
On the trial of the case, after hearing evidence from both parties, the trial judge granted appellee's motion for directed verdict and awarded it damages for the amount due on the note, plus interest, and entered judgment thereon.
1. On appeal from an order directing a verdict, the question before this court is whether the evidence was without conflict as it pertains to the material issues in the case and, thus, when viewed in a light most favorable to the losing party, demanded the verdict ordered. Code Ann. § 110-104 (Ga.L.1961, p. 216); Mason v. Carter, 223 Ga. 2, 153 S.E.2d 162; Security Life & Trust Co. v. Smith, 220 Ga. 744, 747(2), 141 S.E.2d 405; Kesler v. Kesler, 219 Ga. 592(1), 134 S.E.2d 811; Smallpiece v. Johnson, 210 Ga. 310(1), 80 S.E.2d 296; City of Abbeville v. Jay, 205 Ga. 743, 55 S.E.2d 129. It was shown without dispute that appellee had insured the house at 426 Cutters Lane in Macon, Georgia against loss by fire from 1957 until December 17, 1960 under the initial policy and periodic renewals, and that the house burned down on October 19, 1960, within the period covered by the policy. However, by a deed dated July 27, 1959, Vera P. Aldridge conveyed an absolute fee simple title in the 426 Cutters Lane property to her sister-in-law, Shirley P. Aldridge. When the loss occurred, appellee paid the lender's estate pursuant to a loss payable clause in the policy in favor of the mortgagee, and under the view that the policy was void as to the owner.
The loss occurred when Code § 56-825 of the 1933 Georgia Code was in effect. It provides: 'An alienation of the property insured and a transfer of the policy, without the consent of the insurer, shall void the policy.' In Curtis v. Girard Fire & Marine Ins. Co., 190 Ga. 854, 856, 11 S.E.2d 3, 5, this statute was construed to mean that 'either alienation of the property or transfer of the policy, standing alone and in the absence of the other, will void the policy.' It was also held there that a bill...
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