Reliance Life Insurance v. Garth
Supreme Court of Alabama
Appeal from Sumter Circuit Court.. Heard before Hon. Bernard Harwood. Action by Marshall C. Garth against the Reliance Life Insurance Company of Pittsburgh, Pa., upon an accident insurance policy. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under the act creating such court.
1Opinion of the CourtMayfield, J.
The action was on an accident insurance policy. The case was tried on the general issue, and three special pleas, setting up: (1) Breach of warranty in the representations as to' the health and physical condition of insured when he procured the insurance policy; (2) rescission of contract of insurance; and (3) accord and satisfaction.
Without discussing the evidence, it is sufficient to say that the trial court properly submitted the issue to the jury as to each of the special pleas, and that neither party was entitled to the affirmative instruction as to any plea.
(1-4) The trial court, at the…
2Cases cited4 opinions
- Hand Lumber Co. v. HallSupreme Court of Alabama · 1906
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Rogers v. City of SpokaneWashington Supreme Court · 1894
- Hart v. FreemanSupreme Court of Alabama · 1868
3Cited by16 opinions
- Maring-Crawford Motor Co. v. SmithSupreme Court of Alabama · 1970
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Wright v. McCordSupreme Court of Alabama · 1920
- Graves v. Iowa Mutual Insurance CompanySupreme Court of Florida · 1961
- Ray v. ALA. CENT. CREDIT UNIONSupreme Court of Alabama · 1985
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