101 Ga. 282 | Ga. | 1897
The garnishment was dissolved by T. L. Ennis, another of the heirs, who traversed the answer made by the insurance company and claimed the interest of J. W. Ennis in the fund. The money due upon the policy was accordingly paid over to the claimant, and was expended by him in replacing the burned building. In the policy the company had reserved the right to rebuild, in case of loss, in lieu of settling in cash for any damage which might be sustained by the insured in the event the building burned. It did not, however, elect to exercise this right. The claimant sought to defeat the garnishment because of the fact that the money received under the policy had been used as above stated.
There is no merit in this position. It is obvious, without discussion, that the exercise by the company of its privilege to rebuild would have been an altogether different thing from the
Judgment affirmed.