Buyck & Cain v. Schwing
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Appellee, as surviving partner, sued appellants to recover a proportionate share of the costs and expenses incurred by plaintiffs firm in recovering the amounts of several fire insurance policies claimed to have been taken out by plaintiff’s firm for the joint benefit of themselves and appellants. The complaint contained the common counts.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. Appellee, as surviving partner, sued appellants to recover a proportionate share of the costs and expenses incurred by plaintiffs firm in recovering the amounts of several fire insurance policies claimed to have been taken out by plaintiff’s firm for the joint benefit of themselves and appellants. The complaint contained the common counts. On the trial of the cause the defendant pleaded the general issue, and by special plea denied the debt, and pleaded set-off, and also the statute of limitations of Kentucky.…
1Opinion of the CourtStone, C. J.
Schwing, as a witness, was asked by his own counsel: “What was the general custom among ware-housemen in the city of Louisville, Ky., at the time the contract was made with the defendants, as to the insuring goods stored in such warehouses ?” He answered that “it was the general custom of warehousemen in the city of Louisville, Ky., at that time, to keep the property of their customers insured in open policies taken out in the name of the warehousemen, which covered the property they owned, or held in trust, and to charge the customer for such insurance at the rate of one-eighth of one per…
2Cases cited11 opinions
- Barlow v. LambertSupreme Court of Alabama · 1856
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Smith & Co. v. RiceSupreme Court of Alabama · 1876
- Wall v. WilliamsonSupreme Court of Alabama · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People's Bank & Trust Co. v. WalthallSupreme Court of Alabama · 1917
- Tubb v. Liverpool & London & Globe InsuranceSupreme Court of Alabama · 1894
- Southern Ry. Co. v. CoferSupreme Court of Alabama · 1907
- Maxwell Planting Co. v. A. P. Loveman Co.Supreme Court of Alabama · 1924
- Ellis v. Casey & Co.Alabama Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.