7 S.E.2d 907 | Ga. | 1940
Where it appears, in a suit filed by the insured against an insurance company, in which a claim is made for disability payments claimed to have accrued under the policy, that the company has an adequate remedy at *836 law, a petition in equity brought to cancel the contract of insurance on the ground of fraud in its procurement is properly dismissed on demurrer.
That the civil court of Fulton County is without jurisdiction to grant extraordinary relief such as reformation, cancellation, rescission, etc., is no reason why a court of equity should assume jurisdiction and grant the relief prayed for herein, if in the common-law suit the insurer can obtain all the relief to which it is entitled. We have before us such an instance. House
v. Oliver,
The plaintiff prayed for injunction to restrain the defendant from further prosecuting the action pending in the civil court, and from instituting any other suit to recover the alleged disability benefits. The plaintiff alleged that the defendantmay bring other suits, but did not allege that he will do so, or that he even threatens to do so. The case therefore can not be sustained as a suit for injunction upon any theory as to avoidance of a multiplicity of actions.
Judgment affirmed. All the Justices concur, except Bell, J.,who dissents. *839