BENEFIELD v. MALONE

41517, 41518.

112 Ga. App. 408 (1965)

145 S.E.2d 732

BENEFIELD v. MALONE; and vice versa.

Court of Appeals of Georgia.

Decided September 30, 1965.


Attorney(s) appearing for the Case

Ware, Sterne & Griffin, Richard H. Johnston, for plaintiff in error.

Gambrell, Harlan, Russell & Moye, Sidney F. Wheeler, contra.


EBERHARDT, Judge.

1. The proof of loss filed by the plaintiff contained the following: "The insured hereby assigns and transfers to the company any claim or cause of action which the insured now has or may hereafter have to recover against any person or persons for damage resulting from said occurrence and loss above described. . ." As stated by the court when the case was last before it: "Without doubt the language of these paragraphs, if the `proof of loss' containing...

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