Day v. Home Insurance
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Tpiomas W. Wert. Action by J. L. Hay, as trustee in bankruptcy, against tbe Home Insurance Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Tpiomas W. Wert. Action by J. L. Hay, as trustee in bankruptcy, against tbe Home Insurance Company. From a judgment for defendant, plaintiff appeals. Tbe iron-safe clause is as follows: “Tbe following covenant and warrant is hereby made a part of this policy: (1) Tbe assured will take a complete itemized inventory of stock on band at least once in each calendar year, and unless such inventory has been taken within twelve calendar months prior to tbe date of this policy, one shall be taken in detail within thirty days of issuance of…
1Opinion of the CourtSayre, J.
Day brought this action, as trustee in bankruptcy of the estate of AY. C. Harmon, against the Home Insurance Company on a policy insuring a stock of merchandise against loss by fire. Defense was interposed in the way of a plea setting up a breach of the covenant contained in the “iron-safe clause” of the policy. The covenant will be stated by the reporter. The plea was that the covenant had been broken in this: “That the insured had not taken a complete itemized inventory of stock on hand within 12 calendar months prior to the date of the policy, and failed to take such inventory 30 days…
2Cases cited8 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Southern Fire Insurance v. KnightSupreme Court of Georgia · 1900
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Roberts, Willis & Taylor Co. v. Sun Mutual InsuranceCourt of Appeals of Texas · 1898
- Ruffner Bros. v. Dutchess InsuranceWest Virginia Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- McGifford v. Protective Life Ins. Co.Supreme Court of Alabama · 1933
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1929
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
24 more not listed; retrieve them via the Exa API.