Continental Insurance v. Parkes
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before tlie Hon. William W. Wilkerson. This action was brought by the appellee against the appellant to recover upon a policy of fire insurance.
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Appeal from the City Court of Birmingham. Tried before tlie Hon. William W. Wilkerson. This action was brought by the appellee against the appellant to recover upon a policy of fire insurance. Qdie defendant pleaded the general issue and in addition thereto many special pleas among which special pleas were the following: 8. “And for further plea in this behalf the defendant says the plaintiff ought not to recover in this action upon the contract sued on by reason of anything alleged in the complaint. 9.- — -And for further answer this defendant says that in and by the terms of the policy…
1Opinion of the Court
TYSON, -I.
Action on policy of fire insurance..
To the' complaint the defendant interposed the plea of the general issue and a number of special pleas. Plea 8 to which a demurrer was sustained neither denies nor confesses and avoids the allegations of the complaint. The demurrer was properly sustained to it.
Plea 9 was also faulty in not setting out the terms of the policy sued on, so that the court could determine the right of defendant to cancel it and thereby terminate *656its liability thereon. Whether the cancellation asserted was in accordance with the terms of the policy was a question of…
2Cases cited7 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Daggs v. Orient InsuranceSupreme Court of Missouri · 1896
- Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Hanover Fire Ins. Co. v. WoodSupreme Court of Alabama · 1923
- Gorham v. . Insurance Co.Supreme Court of North Carolina · 1938
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Aetna Fire Ins. v. KennedySupreme Court of Alabama · 1909
29 more not listed; retrieve them via the Exa API.