Jenkins v. National Union Fire Insurance Co.

Court of Appeals of Georgia

Jenkins v. National Union Fire Insurance Co.

7 S.E.2d 610, 61 Ga. App. 804, 1940 Ga. App. LEXIS 272

CourtCourt of Appeals of Georgia

DecidedMarch 1, 1940

Docket27724.

StatusPublished

Cited by1 cases

This text of 7 S.E.2d 610 (Jenkins v. National Union Fire Insurance Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jenkins v. National Union Fire Insurance Co., 7 S.E.2d 610, 61 Ga. App. 804, 1940 Ga. App. LEXIS 272 (Ga. Ct. App. 1940).

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Opinion

Guerry, J.

This is a suit on a fire-insurance policy. At the completion of the evidence the judge directed a verdict for the defendant. The defendant pleaded a violation of the clause in the policy providing that same should be void “if the interest of the insured be other than unconditional and sole ownership.” The evidence demanded a finding that as a matter of fact there was an outstanding security deed to the land on which the building was located, in favor of a third person. There was no evidence sufficient to show any waiver of this condition and the verdict directed was demanded by the evidence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concwr.

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Guerry, J.

This is a suit on a fire-insurance policy. At the completion of the evidence the judge directed a verdict for the defendant. The defendant pleaded a violation of the clause in the policy providing that same should be void “if the interest of the insured be other than unconditional and sole ownership.” The evidence demanded a finding that as a matter of fact there was an outstanding security deed to the land on which the building was located, in favor of a third person. There was no evidence sufficient to show any waiver of this condition and the verdict directed was demanded by the evidence.

Judgment affirmed.

Broyles, G. J., and MacIntyre, J., concwr.

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7 S.E.2d 610, 61 Ga. App. 804, 1940 Ga. App. LEXIS 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jenkins-v-national-union-fire-insurance-co-gactapp-1940.

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