56 Ga. App. 476 | Ga. Ct. App. | 1937
Mrs. Mary E. Jenkins, trading as Jenkins Warehouse, recovered a judgment against the National Union Fire Insurance Company. The cotton warehouse and contents owned by Mrs. Jenkins were destroyed by fire on the night of January 28, 1935. The defendant on January 11, had issued a policy of insurance for $2000, covering certain bales of cotton stored in this warehouse. This cotton had been covered by an insurance policy issued by the Eochester-American Insurance Company. On January 6, the Eochester-American Insurance Company wired its agent, the Fisher Insurance Agency at Newnan, Georgia, to cancel its policies on the cotton in Jenkins Warehouse. On January 7, the Fisher Insurance Agency wrote to A. L. McDonald Insurance Agency in Atlanta as follows: “A. L. McDonald Ins. Agency, Atlanta, Ga. Dear Sirs: Ee: Jenkins Warehouse, Dooling, Ga. I regret to inform you that it will be necessary for you to send me additional forms for Eoch. Am. policies 10279, 10280, 10281, as I will have to put same in another company; please let these come forward in the next few days, as I would like to have transfer made inside of the next ten days.” On January 16, the Fisher Insurance Agency, which was also agent for the defendant company, issued the policy sued on and sent it to A. L. McDonald Agency in Atlanta. At the same time the Fisher Agency wrote to the McDonald Insurance Agency the following letter: “Enclosed please find National Union policies Numbers F 161, 162, and 163, covering insurance on the Jenkins Warehouse at Dooling, Georgia. The above numbered policies replace Eochester-American policies numbers 10279, 10280, and 10281. The company requested us to cancel these policies on January 6, and we hope you will be good enough to see that same are returned to this office at once.” It appears from the evidence that the McDonald Insurance Agency and the J. L. Eiley Insurance Agency had the same officers and offices, and handled their business as if they were one agency. On January 18, J. L. Eiley & Company wrote to J. A, Jenkins, the husband of the plaintiff, as follows; “In
If the policy of the Rochester-American Insurance Company was still in force, the defendant is not liable. If the Rochester-
The court was authorized to find from the evidence adduced that the policy issued by the defendant was in force, and that a loss occurred for which the defendant was liable.
The defendant also filed a plea setting up that the plaintiff, Mrs. Mary Jenkins, had for four years been carrying on the warehouse business under a fictitious name, to wit, Jenkins Ware
Judgment affirmed.