Southern Indemnity Ass'n v. Ridgway
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Dock Ridgway against the Southern Indemnity Association on an insurance policy. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Dock Ridgway against the Southern Indemnity Association on an insurance policy. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals. The following is a copy of the complaint and demurrers : 1. Plaintiff claims of the defendant $3,000 as damages, for the breach of an agreement entered into by it, on, to wit, the 1st day of May, 1910, in substance as follows: “In consideration of the application for membership, which is a part of this contract, the payment of the membership fee before the…
1Opinion of the Court
SAYRE, J.—(1) The argument, in substance, against count 1 of the complaint, is that, having set out a part of the policy of insurance sued on, the entire policy should have been set out in verbis, for, non constat, the part not appearing contained conditions precedent the performance of which by plaintiff should have been alleged. It was enough to set out the consideration and that part of the promise of which a breach was alleged along with the general averment that plaintiff had complied with all the provisions of the contract on his part, as did the count in this case. — Brooklyn Life Ins.…
2Cases cited5 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Pennsylvania Casualty Co. v. PerdueSupreme Court of Alabama · 1910
- Brandon v. Leeds State BankSupreme Court of Alabama · 1914
- Hart v. SharptonSupreme Court of Alabama · 1899
3Cited by3 opinions
- Dixie Coal Min. & Mfg. Co. v. WilliamsSupreme Court of Alabama · 1930
- Sovereign Camp, W. O. W. v. WigginsSupreme Court of Alabama · 1939
- Skelton v. WeaverSupreme Court of Alabama · 1957