Mobile Marine Dock & Mutual Ins. v. McMillan & Son
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the lion. Ales. McEinstry. This action was brought by the appellees, to recover damages for the loss of 134 bales of cotton, part of 198 bales, shipped by them from Mobile to New Orleans per steamboat Helen, consigned to Hugely, Blair & Co., and destroyed by fire while on the wharf at the lake end of the Jefferson and Pontchartrain railroad about eight miles from the city of New Orleans.
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Appeal from the City Court of Mobile. Tried before the lion. Ales. McEinstry. This action was brought by the appellees, to recover damages for the loss of 134 bales of cotton, part of 198 bales, shipped by them from Mobile to New Orleans per steamboat Helen, consigned to Hugely, Blair & Co., and destroyed by fire while on the wharf at the lake end of the Jefferson and Pontchartrain railroad about eight miles from the city of New Orleans. It is the samepase which is reported in 27 Ala. 77. The complaint was as follows: “ The plaintiffs claim of the defendant, a corporation doing business in…
1Opinion of the CourtBice, C. J.
— Conceding that many commercial codes expressly require the contract -of insurance to be in writing, it is certain that the common law makes no such requisition. — 1 Phillips on Ins. 8; 1 Duer on Ins. 60. It is also certain, that there is no statutory provision of force in this State, which requires an agreement entered into in this State, to insure against loss by fire, tobe reduced to writing. In the absence of any such statutory provision, the question whether such an agreement is valid must be determined by the eommon law. — The State v. Cawood, 2 Stew. R. 360; Pierson v. State, 12 Ala.…
2Cases cited3 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Gibson v. WilliamsNew York Supreme Court · 1830
- Nesmeth v. HalstedNew York Court of Chancery · 1845
3Cited by27 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Godefroy v. HuppWashington Supreme Court · 1916
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