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JACOBS v. MERCHANTS FIRE ASSUR. CORPORATION

No. 8754.

99 F.2d 655 (1938)

JACOBS v. MERCHANTS FIRE ASSUR. CORPORATION OF NEW YORK.

Circuit Court of Appeals, Fifth Circuit.

November 15, 1938.

Attorney(s) appearing for the Case

A. C. Wheeler, E. D. Kenyon, and Chas. J. Thurmond, all of Gainesville, Ga., for appellant.

Grover Middlebrooks, of Atlanta, Ga., and Wm. P. Whelchel, of Gainesville, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

In Georgia by statute a contract of fire insurance must be in writing, Ga.Code, § 56-801, and this is apparently true of other contracts of insurance. Sec. 56-213. The contract must be wholly in writing and not partly in parol. Athens Mutual Ins. Co. v. Evans, 132 Ga. 703, 64 S.E. 993; Newark Fire Ins. Co. v. Smith, 176 Ga. 91, 167 S.E. 79, 85 A.L.R. 1330. The writing must express the essentials of the contract. Knight & Son v. Superior...

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