106 Ga. 264 | Ga. | 1898
At the close of the plaintiff’s evidence, the defendant moved for a.nonsuit upon several grounds. The first ground was, “because it appears from the evidence.that the plaintiff seeks to recover upon a policy of insurance, issued to and now in the name of A. M. Knight, which policy,, or right to recover thereon, is not connected with the plaintiff in the case.” The-second ground was, “because it appears from the evidence that the title to and the right to recover upon said policy, if it exists at all, is out of the plaintiff in this case.” We think the. court should have sustained this motion. The action was upon, a fire-insurance policy, for loss alleged to have been sustained by the plaintiff, in consequence of the destruction by fire of the-house insured, during the term covered by the policy. The. petition alleged and the evidence showed that the policy had! been issued by the insurance company to A. M. Knight, through
Judgment reversed.