Supreme Court of Georgia, 1884

Roberts v. Germania Fire Insurance

Roberts v. Germania Fire Insurance
Supreme Court of Georgia · Decided February 9, 1884 · Jackson
71 Ga. 478
Roberts v. Germania Fire Insurance

Cases that cite this one

6 later published cases cite this decision.

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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.

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