7 S.E.2d 402 | Ga. Ct. App. | 1940
The court did not err in dismissing the defendants' answer on general demurrer.
The court was correct in dismissing the answer. Without discussing other reasons why the judgment may have been correct, it is sufficient to say that the policy procured did provide the protection to the insureds therein from the theft described in the statement of facts. The quoted provision of the policy excepts theft or conversion by one having some interest in the property. the words, "or other contract, . . written or verbal" include only things similar in character to those specifically named, and a naked bailee has no such interest as a party to a mortgage, conditional-sale contract, or lease. Allen v.
Berkshire Mutual Fire Insurance Co.,
Judgment affirmed. Stephens, P. J., concurs. Sutton, J.,concurs in the judgment. *752