Williamson v. New Orleans Insurance
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. H. D. Clayton. This was an action by appellant, Williamson, for loss by fire o£ gin house, gearing,- belting, &c., cotton and cotton seed, covered by two insurance policies issued to Williamson alone. There was but one application upon which the two policies were issued. This application was made by one Carroll, the agent of plaintiff Williamson.
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Appeal from Lee Circuit Court. Tried before Hon. H. D. Clayton. This was an action by appellant, Williamson, for loss by fire o£ gin house, gearing,- belting, &c., cotton and cotton seed, covered by two insurance policies issued to Williamson alone. There was but one application upon which the two policies were issued. This application was made by one Carroll, the agent of plaintiff Williamson. In this application were certain questions and answers purporting to be the answers of the applicant, which answers were written down by the agent of defendant, and the application was then signed by…
1Opinion of the CourtClopton, J.
The evidence that the farmers in the neighborhood in which the insured property was situated usually gather, gin and market their cotton before the time of year at which the fire occurred, was improperly admitted. There was no issue joined between the parties to which the evidence was relevant. The plaintiff was not under obligations to gin and market his cotton before any specified time. It was his privilege to let it remain in the gin-house, until such time as suited his convenience to remove it. He was authorized to keep it in the gin-house during the entire time the policy was in force,…
2Cases cited1 opinion
- Ala. Gold Life Insurance v. GarnerSupreme Court of Alabama · 1884
3Cited by21 opinions
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Barnes v. Atlantic & Pacific Life Insurance Co. of AmericaSupreme Court of Alabama · 1975
- Yorkshire Ins. Co. v. GazisSupreme Court of Alabama · 1929
- Shotliff v. Modern Woodmen of AmericaMissouri Court of Appeals · 1903
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