Pope v. Glenn Falls Insurance
Supreme Court of Alabama
Appeal from Madison Circuit 'Court. Tried before, the. Hon. Oscicola Kyle. This was an action by appellant against appellee on a fire insurance policy, in Code form. Pleas 6 and 7 set up, respectively, breaches of -the conditions of the policy declaring same void “if the interest of the insured be other than unconditional and sole ownership,” and “if the subject of insurance be a, building on ground not owned bv the insured in fee simple.”
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Appeal from Madison Circuit 'Court. Tried before, the. Hon. Oscicola Kyle. This was an action by appellant against appellee on a fire insurance policy, in Code form. Pleas 6 and 7 set up, respectively, breaches of -the conditions of the policy declaring same void “if the interest of the insured be other than unconditional and sole ownership,” and “if the subject of insurance be a, building on ground not owned bv the insured in fee simple.” Replications 2 and 4 to these pleas set up that the agent of defendant, who issued the policy, knew and was fully advised by plaintiff of the true…
1Opinion of the CourtDowdell, J.
— This is an action on a fire insurance policy, and the complaint is in Code form. The subsequent pleadings, consisted of pleas, replications thereto, rejoinders and surrejoinders, with the! usual accompaniment of demurrers at the different stages of the pleadings. The assignments on the rulings of the court are numerous, but only the assignments relating to the rulings on demurrer to replication numbered 5, and demur-. rer to rejoinder numbered 3, and to the giving of the affirmative charge at the request of the defendant, are insisted on in argument. To the questions raised by these…
2Cases cited2 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Pope v. Glens Falls InsuranceSupreme Court of Alabama · 1900
3Cited by11 opinions
- Aetna Fire Ins. v. KennedySupreme Court of Alabama · 1909
- Fidelity Phenix Fire Ins. Co. of New York v. RaperSupreme Court of Alabama · 1941
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930
- Morris v. Firemen's InsuranceSupreme Court of Kansas · 1926
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