Phœnix Insurance v. Boulden
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by the appellant, Charles M. Boulden, against the appellee, the Phoenix Insurance Company, upon a fire insurance policy, seeking to recoyer for the destruction by fire of a building covered by said policy.
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Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by the appellant, Charles M. Boulden, against the appellee, the Phoenix Insurance Company, upon a fire insurance policy, seeking to recoyer for the destruction by fire of a building covered by said policy. The defendant filed several special pleas ; among them, one setting up that “it was a condition and stipulation in said policy, inducing the defendant to the making and delivery of the same, that the said policy, should be and become void, if the assured should have, or afterwards…
1Opinion of the CourtStone, C. J.
-Tbe subject of insurance in tbis case was tbe same building situated near East Lake, Jefferson county, tbe burning of wbicb gave rise to tbe appeal recently decided in tbis court, in wbicb Tbe Liberty Insurance Company of New York was appellant, and Boulden the appellee. Tbe pleas in tbis case were in many respects tbe same as those interposed in tbe former one, but it was decided in tbe Circuit Court on a different issue. Tbe case of The Liberty Insurance Company v. Boulden, ante, 508, went off on tbe question of tbe latter’s ownership of tbe land or lot on wbicb tbe insured building stood.…
2Cases cited2 opinions
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Aldridge v. Br. BankSupreme Court of Alabama · 1849
3Cited by4 opinions
- Cowart v. Capital City InsuranceSupreme Court of Alabama · 1896
- Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
- Alabama Farm Bureau Insurance Co. v. McCurrySupreme Court of Alabama · 1976
- Providence-Washington Ins. Co. v. BoatnerCourt of Appeals of Texas · 1920