HARDWARE MUTUAL CAS. CO. v. SCOTT

43157.

116 Ga. App. 637 (1967)

158 S.E.2d 275

HARDWARE MUTUAL CASUALTY COMPANY v. SCOTT.

Court of Appeals of Georgia.

Decided October 30, 1967.

Rehearing Denied November 14, 1967.


Attorney(s) appearing for the Case

James H. Weeks, for appellant.

E. T. Hendon, Jr., for appellee.


HALL, Judge.

1. The plaintiff contends that, since the garnishee's answer only pleaded that it was not indebted to the defendant insured, it was error for the trial court to consider evidence supporting the defense that the insurer was not liable because the insured had failed to comply with conditions of the policy. The facts showing the insurer was not liable on its contract with the insured existed at the time the insurer filed its answer and the evidence of these...

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