Jenkins v. National Union Fire Insurance Co.

3 Citing cases

  1. Liverpool London Globe Ins. Co. v. Stuart

    14 S.E.2d 98 (Ga. 1941)   Cited 2 times

    Atlas Assurance Co. v. Kettles, 144 Ga. 306 ( 87 S.E. 1); Athens Mutual Insurance Co. v. Ledford, 134 Ga. 500 ( 68 S.E. 91); Liverpool London Globe Insurance Co. v. Hughes, 145 Ga. 716 ( 89 S.E. 817); Alliance Insurance Co. v. Williamson, 36 Ga. App. 497 ( 137 S.E. 277). It is stated in the question that the insured held some of the property covered by the policy as vendee under a conditional sales agreement, and that the full purchase-price was not paid. This being true, it seems clear, under the above decisions, that as to this property he was not the sole and unconditional owner; and it only remains to be determined what effect this has on the policy as respects other property covered as to which it appears the insured was sole and unconditional owner, that is, whether the policy is avoided as a whole or only in part. We think that this point is controlled by our recent decision on certified questions in Jenkins v. National Union Fire Insurance Co., 189 Ga. 685 ( 7 S.E.2d 268), concurred in by all the Justices, approving and following the rulings in Southern Fire Insurance Co. v. Knight, 111 Ga. 622 ( 36 S.E. 821, 42 L.R.A. 70, 78 Am. St. R. 216). In the Knight case the policy covered a building and stock of merchandise, and provided in substance that in the event the insured failed to take an inventory of the goods at a time specified, "this policy shall be null and void from such date."

  2. Meeks v. Taylor

    138 F.2d 458 (5th Cir. 1943)   Cited 3 times

    The lease must stand or fall as a whole, unless changed by mutual consent. Broxton v. Nelson, 103 Ga. 327, 30 S.E. 38, 68 Am.St.Rep. 97; United States v. Bethlehem Steel Corporation, 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed. 855; Jenkins v. National Union Fire Ins. Co., 189 Ga. 685, 7 S.E.2d 268, 129 A.L.R. 648; Carlton v. Moultrie Banking Co., 170 Ga. 185, 152 S.E. 215. It is immaterial that the lessee was not a party to the making of the security deed. He was affected by it, for he was fully bound by the lease so soon as Mrs. Meeks ratified it, and he was obligated to pay the rents and royalties to her assignee.

  3. Fidelity Phenix Fire Ins. Co. of New York v. Raper

    242 Ala. 440 (Ala. 1942)   Cited 39 times

    National Liberty Ins. Co. v. Spharler, 172 Ark. 715, 290 S.W. 594; Mishiloff v. American Cent. Ins. Co., 102 Conn. 370, 128 A. 33; Penta v. Home F. M. Ins. Co., 263 Mass. 262, 160 N.E. 807; Alliance Ins. Co. v. Williamson, 36 Ga. App. 497, 137 S.E. 277; Notes, 38 A.L.R. 200; 60 A.L.R. 65. Violation of the building item forfeits right of recovery. Jenkins v. National Union Fire Ins. Co., 189 Ga. 685, 7 S.E.2d 268, 129 A.L.R. 648; Western Assur. Co. v. Stoddard, 88 Ala. 606, 7 So. 379; Superior F. I. Co. v. Whelchel, 22 Ala. App. 51, 112 So. 95. Arnold Teks and W. L. Chenault, both of Russellville, for appellee.