FIDELITY-PHENIX FIRE INS. CO. v. BERRY

33812.

85 Ga. App. 492 (1952)

69 S.E.2d 305

FIDELITY-PHENIX FIRE INSURANCE CO. v. BERRY.

Court of Appeals of Georgia.

Rehearing Denied February 28, 1952.


Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, W. W. Mundy Jr., for plaintiff in error.

C. B. Teal, J. V. Poole, contra.


WORRILL, J.

(After stating the foregoing facts.) 1. Special grounds 1-9 assign error on the refsual of the court to admit certain evidence which was offered in support of the amendment to the defendant's answer. The amendment alleged in substance that the insured premises were used, with the knowledge of the plaintiff, as a roadhouse rather than a one-tenant dwelling house and that such use, which increased the hazard, was unknown to and concealed from the defendant...

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