Roberts v. Germania Fire Insurance

Supreme Court of Georgia
Roberts v. Germania Fire Insurance, 71 Ga. 478 (Ga. 1884)
Jackson

Roberts v. Germania Fire Insurance

Opinion of the Court

Jackson, Chief Justice.

The original declaration is for the recovery on a policy renewed, or at least considered as renewed. The amendment is for failing and refusing to renew a policy. The amendment introduces a new cause of action, and was improperly allowed. Code, §34S0. The original action was on a policy renewed, but not in writing, and was therefore demurrable, Code §2794; and there was thus no error in dismissing the action.

The plaintiff may, perhaps, recover on an original suit, like the amendment, under the decision in 43 Ga., 583; but she must begin de novo.

Judgment affirmed.

Reference

Full Case Name
Roberts v. The Germania Fire Insurance Company and vice versa
Cited By
8 cases
Status
Published