Firemen's Ins. Co v. White, 10664.
| Decision Date | 21 February 1936 |
| Docket Number | No. 10664.,10664. |
| Citation | 181 Ga. 759,184 S.E. 316 |
| Parties | FIREMEN'S INS. CO. v. WHITE. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
Error from Superior Court, Walker County; James Maddox, Judge.
Suit by Jessie White against the Firemen's Insurance Company. Judgment for plaintiff, and defendant brings error.
Reversed.
Mrs. Jessie White filed a petition for injunction and cancellation against the Firemen's Insurance Company. The defendant demurred to the petition, and the demurrer was overruled. The trial resulted in a verdict and decree for the plaintiff. The defendant's motion for new trial was overruled, and it excepted, assigning error also on exceptions taken pendente lite to the ruling on demurrer. The substantial case made by the petitioner was that the defendant had issued to her a policy of fire insurance on a described dwelling house in Rossville, Ga., in which policy were mortgage clauses in favor of the American Trust & Banking Company and American Realty Company as holders of first and second security deeds on the property; that the building insured was destroyed by fire on December 16, 1931; that shortly after the loss the defendant sent its adjuster and agent to the scene of the fire, and the adjuster investigated the loss; that the defendant "refused to furnish, or at least did not furnish, plaintiff with any proofs of loss for execution; that shortly after said loss plaintiff's husband K. M. White was arrested and charged with burning said house; that the said K. M. White was duly indicted and tried in Walker superior court, * * * and was found not guilty of said charge"; that in April, 1932, the defendant, on account of the mortgage clause attached to plaintiff's policy of insurance, paid off the first and second loan deeds held by the American Trust & Banking Company and Richmond Realty Company, and procured from these companies transfers of the notes and security deeds; that the defendant is now advertising the real estate described in the security deed transferred by the American Trust & Banking Company to defendant; that "the aforesaid security deeds in possession of the defendant are outstanding as an existing indebtedness against plaintiff, and plaintiff avers that she is entitled to possession of said security deeds, and is entitled to have the same delivered up to her for proper cancellation; and that under the express terms of the said security deeds it is the duty of the defendant to enter proper cancellation thereon and release and satisfy the same of record." The plaintiff prayed that the sale as advertised be enjoined, and that the security deeds described be canceled. By amendment she alleged that ...
To continue reading
Request your trial
-
Saint Paul Fire & Marine Ins. Co. v. Johnson, 20983
...should be joined, in order properly to adjudicate the question of liability or nonliability of the insurer.' Firemen's Ins. Co. v. White, 181 Ga. 759(2), 184 S.E. 316, 317; National Auto. Ins. Co. v. Vaughn, 213 Ga. 806, 808, 102 S.E.2d 1; Georgia Cas. & Sur. Co. v. Pincus, 89 Ga.App. 836, ......
-
National Auto. Ins. Co. v. Vaughn
...should be joined, in order properly to adjudicate the question of liability or nonliability of the insurer.' Firemen's Insurance Co. v. White, 181 Ga. 759, 184 S.E. 316, 317. See also Georgia Casualty & Surety Co. v. Pincus, 89 Ga.App. 836, 81 S.E.2d 527. The plaintiff, by appropriate speci......
-
National Fire Ins. Co. v. Banister
...action being in its nature a joint action. Georgia Casualty & Surety Co. v. Pincus, 89 Ga.App. 836(3), 81 S.E.2d 527; Firemen's Ins. Co. v. White, 181 Ga. 759, 184 S.E. 316. The defendant insurance company is entitled to the protection of having all parties named in the insurance policy joi......
-
Phoenix Ins. Co. v. Aetna Cas. & Sur. Co., 44191
...should be joined, in order properly to adjudicate the question of liability or non-liability of the insurer. Fireman's Ins. Co. v. White, 181 Ga. 759 184 S.E. 316 * * *' Georgia Cas. &c. Co. v. Pincus, 89 Ga.App. 836, 81 S.E.2d 527. By the terms of the loss payment endorsement in the presen......