Gross v. Globe & Rutgers Fire Insurance

Supreme Court of Georgia
Gross v. Globe & Rutgers Fire Insurance, 140 Ga. 531 (Ga. 1913)
79 S.E. 138; 1913 Ga. LEXIS 174
Atkinson

Gross v. Globe & Rutgers Fire Insurance

Opinion of the Court

Atkinson, J.

1. Where it was stipulated in a policy of fire insurance 'that no suit should be maintainable thereon “unless commenced within twelve months next after the fire,” an action brought after the lapse of that period would be barred, although it purported on its face to be a renewal of a previous action which was instituted in a city court having jurisdiction thereof, within the time limited, which was dismissed and subsequently renewed in the superior court, after the payment of all costs, within six months from such dismissal, McDaniel v. German American Insurance Co., 134 Ga. 189 (67 S. E. 668), and citations.

•2. There was no error in dismissing the petition on demurrer.

Judgment affirmed.

All the Justices concjir.

Reference

Full Case Name
Gross v. Globe & Rutgers Fire Insurance Company
Cited By
5 cases
Status
Published