Georgia Court of Appeals, 1953

Gartrell v. AFRO-AMERICAN LIFE INSURANCE CO.

Gartrell v. AFRO-AMERICAN LIFE INSURANCE CO.
Georgia Court of Appeals · Decided October 1, 1953 · Worrill, Sutton, Felton
78 S.E.2d 92; 88 Ga. App. 806; 1953 Ga. App. LEXIS 1213 (South Eastern Reporter, Second Series)

Gartrell v. AFRO-AMERICAN LIFE INSURANCE CO.

Opinion

Worrill, J.

The amended petition in this case, being an action for fraud and deceit, contains only a prayer for punitive damages and attorney’s fees. Under the ruling in Beverly v. Observer Publishing Co., 88 Ga. App. 490 (77 S. E. 2d 80), there being no prayer for recoverable damages, the petition was subject to the general demurrer interposed by the defendant, and the trial court did not err in sustaining the demurrer and in dismissing the action.

Judgment affirmed.

Sutton, C. J., and Felton, J., concur.

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