Supreme Court of Georgia, 1902

Hester v. Scottish Union & National Insurance

Supreme Court of Georgia · Decided April 30, 1902 · Little

115 Ga. 454; 41 S.E. 552; 1902 Ga. LEXIS 443

Cases that cite this one

4 later published cases cite this decision.

Dozark v. Westchester Fire Insurance (S.D. 1926)
Clark v. Fire Ass'n (Ga. Ct. App. 1923)
Farmers Mutual Fire Ass'n v. Steed (Ga. Ct. App. 1917)
Johnson v. Sun Fire Insurance (Ga. Ct. App. 1908)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Little, J.

The bill of exceptions in this case was predicated on a judgment of nonsuit, rendered in an action on a contract of fire-insurance. The policy by its terms expressly provided that it should be null and void in the event the assured should not observe certain stipulations as to the keeping of certain books, and making inventories, and the proper production of the same in case of loss, as prescribed in a clause thereof known as the “ iron-safe *455clause.” The evidence of the plaintiff, the person insured, showed affirmatively that he had not complied with the requirements embraced in that clause. He had, therefore, under the terms of his contract, no right of recovery, and the trial judge did not err in granting a nonsuit.

Submitted Marcli 1, Decided April 30, 1902.

Action on insurance policy. Before Judge Falligant. Chatham superior court. January 25, 1901.

W. F. Slater, for plaintiff. R. L. Colding, for defendant.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.