102 Ga. 137 | Ga. | 1897
Howard sued the Georgia Home Insurance Company for $1,000, besides interest, upon a policy of fire-insurance. The policy was dated March 20, 1894, and was for the sum of $2,000, one half of which covered his dwelling-house,- and the other half certain personal property consisting' of household and kitchen furniture. The property insured was destroyed by fire on July 22, 1894. The defendant pleaded, that on August 2, 1894, it and the plaintiff entered into an accord and satisfaction of all claims of loss under the policy on the furniture, and that $250 was paid to the plaintiff in full settlement of all liability on account of such loss or damage, and that the same was accepted by the plaintiff in full satisfaction. It appeared from the evidence, that pláintiff went to the office of the company, and in course of a conversation with the adjuster of the company the latter stated that the company was not liable in any amount on the policy, but that it would make to plaintiff a gift of $250 in full settlement of all claims he held against it on account of the loss of his furniture. Plaintiff, notwithstanding ample opportunity to consult others about the matter, relied on what the adjuster stated to him as to the company’s liability on the policy, accepted his offer, and received from him a draft dated August 2, 1894, for the sum mentioned, which contained the following clause: “ The acceptance by the payee of this draft shall be prima facie evidence of full payment, satisfaction, and compromise, of all loss, damage and claim on furniture.” Upon the back of the policy, which was introduced in evidence, was the following entry: “ $250.00. August 2, 1894. Received of the Georgia Home Insurance Company of Columbus, Georgia, through R. P. Spencer, two hundred and fifty dollars, in full payment, satisfaction and compromise for all loss and damage by fire, on furniture, which occurred on the 22d day of July, 1894, to property insured by said company, under this policy No. 207874, which is hereby cancelled on furniture, leaving the $1,000 on building yet to be adjusted. H. L. Howard.”
Plaintiff - made no effort to collect the draft, but brought suit as above stated. The court directed a verdict for the defendant, and this is assigned as error.