Supreme Court of Georgia, 1900

Futrell v. Mutual Benefit Fire Ass'n

Futrell v. Mutual Benefit Fire Ass'n
Supreme Court of Georgia · Decided August 8, 1900 · Little
111 Ga. 864; 36 S.E. 947; 1900 Ga. LEXIS 849

Futrell v. Mutual Benefit Fire Ass'n

Opinion of the Court

Little, J. The

evidence was amply sufficientto show that the parties, by mutual consent had agreed, before the loss occurred, to rescind the contract of insurance upon which the plaintiff’s action was predicated. It follows that the verdict against him was right, and it is immaterial whether the charges complained of were erroneous or not.

Judgment affirmed.

All the Justices concurring.

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