Morris v. Imperial Insurance

29 S.E. 927, 103 Ga. 567

• Court: Supreme Court of Georgia
• Decided: January 19, 1898
• Status: Published

Opinion

Gobb, J.

It being, under the evidence, an issuable question of fact whether or not the plaintiff below sufficiently complied with that stipulation in the policy of insurance sued upon, requiring him to “ keep a set of books which shall clearly and plainly present a complete record of business transacted, including all purchases, sales and shipments, both for cash and credit,” and the right of the plaintiff to a recovery depending upon the solution of this question, it was error to grant a nonsuit.

Judgment reversed.

All the Justices concurring, except Lewis, J., who was not a member of the court when this case was argued.