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Lawskills.com Georgia Caselaw
TOWNSEND et al. v. MORRIS et al.
23480.
DUCKWORTH, Chief Justice.
Equitable petition. Wayne Superior Court. Before Judge Flexer.
1. The lease held for five years constituted an insurable interest in Morris. Code Ann. 56-2405 (Ga. L. 1960, p. 289). But even had he had no insurable interest the insurer alone could raise that question, and since the insurer paid the full amount of the policy to the named beneficiary it thereby fully discharged any liability it had, and the petitioners have no claim whatsoever against it. Creech v. Richards, 76 Ga. 36; Chance v. Metropolitan Life Ins. Co., 147 Ga. 396 (94 SE 239); 46 CJS 19, 1140. The court did not err in sustaining the general demurrer of the insurance company and dismissing the petition as to this defendant.
2. The above quoted portion of the lease which obligated the tenant to deliver the premises at the expiration of the lease "in as good repair as when first received, natural wear and tear excepted" relieved the tenant of any possible obligation to restore the burned premises. Williams v. Bernath, 61 Ga. App. 350 (6 SE2d 184). There is no allegation that the tenant in any way defaulted in his duties as assumed under the lease. Consequently, no grounds are alleged that would authorize a judgment against the tenant in any amount. The court did not err in sustaining the general demurrer of the defendant Morris, and in dismissing the petition as to him.
Zorn & Royal, Wm. A. Zorn, Smith, Ringel, Martin & Lowe, Sam F. Lowe, Jr., Scott Charlton, Thomas & Howard, Hubert H. Howard, for appellees.
Albert E. Butler, for appellants.
ARGUED MAY 10, 1968 -- DECIDED MAY 26, 1966 -- REHEARING DENIED JUNE 9, 1966.
Friday May 22 20:34 EDT


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