106 Ga. 472 | Ga. | 1899
This case, which makes its appearance here by both a main and a cross-bill of exceptions, and that of Morris v. Imperial Insurance Company (reported supra, 461), were by agreement of counsel consolidated and tried together in the lower court, as in many respects the issues presented for determination were common alike to both. Upon reaching this court on separate writs of error, they were, by like consent, ar-' gued together. For convenience, however, it has been deemed proper by us to deal with them in separate opinions. In the opinion above referred to as having been filed in the Imperial Company’s case, all the questions presented by the record now under consideration are fully covered, with the exception of the two herein specifically dealt with, which arose only in the case against the Orient Company.
The Supreme Court of Indiana, dealing with this question, has held: “In an action to recover on a policy of fire-insurance, stipulating that 'if the assured shall have or shall hereafter make any other insurance on the property insured, or any part thereof, without the consent of the company hereon written, this policy shall be void,’ -a complaint alleging that after the policy was executed an agreement was made that other insurance might be taken, and that a written stipulation to that effect would be inserted in the policy, and also showing that other valid insurance was taken without any notice to the company or request to insert the stipulation agreed upon, does not show a waiver of the condition against further insurance, or
This brings us to a consideration of the further contention of counsel for the plaintiff, that as the defendant company, after the insured had taken out a policy in the Imperial Insur
Judgment on main bill of exceptions affirmed. On cross-bill reversed.