GARDEN CITY CAB CO. v. FIDELITY &c. CO.

32874.

80 Ga. App. 850 (1950)

57 S.E.2d 683

GARDEN CITY CAB CO. INC. v. FIDELITY AND CASUALTY CO. OF NEW YORK.

Court of Appeals of Georgia.

Decided February 9, 1950.


Attorney(s) appearing for the Case

Wylly & Javetz, for plaintiff in error.

Anderson, Connerat, Dunn & Hunter, B. B. Cubbedge Jr., contra.


TOWNSEND, J.

(After stating the foregoing facts.) 1. Complaint is made in the briefs of counsel of the failure of the plaintiff to set out in his petition the statutory endorsement under the compulsion of which it paid the claim in question. The petition is defective in this regard under Code § 81-105, which requires the setting out of the instrument on which the cause of action is based. Such defect, however, is amendable, and is not reached by a general demurrer...

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