Western Assurance Co. v. Stoddard
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by William J. Stoddard and his wife, Mrs. E. R. Stoddard, against the Western Assurance Company, a foreign corporation doing business in this State; and was founded on a policy of insurance against fire, effected by plaintiffs with defendant, on a gin-house and fixtures.
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Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. This action was brought by William J. Stoddard and his wife, Mrs. E. R. Stoddard, against the Western Assurance Company, a foreign corporation doing business in this State; and was founded on a policy of insurance against fire, effected by plaintiffs with defendant, on a gin-house and fixtures. The policy was dated August 12th, 1885, and expired on the 12th February, 1886. The property insured, with amount of insurance, was thus stated in the policy: “Two story gin-house, built of wood, and covered with shingles, $800;…
1Opinion of the CourtStone, C. J.
Mrs. Stoddard, the female plaintiff in the court below, had a life-estate in the land, on which the gin-house stood, which was the subject of insurance in this case. *611The land had been allotted to her as dower in the estate of Steele, her deceased former husband. It is not denied that the land had been so allotted to her, that the gin-house stood upon the land, and that it was destroyed by fire during the term covered by the insurance. To this extent there is no controversy.
The defense took four forms, First, it was and is contended, that Mrs. Stoddard, in her application for insurance,…
2Cases cited11 opinions
- Mutual Fire Insurance v. DealeCourt of Appeals of Maryland · 1861
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Ætna Live Stock, Fire & Tornado Insurance v. OlmsteadMichigan Supreme Court · 1870
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Boatner v. Providence-Washington Ins. Co.Texas Commission of Appeals · 1922
- Goorberg v. the Western Assurance Co.California Supreme Court · 1907
- Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
28 more not listed; retrieve them via the Exa API.