Noble v. Mitchell
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action brought by S. M. Mitchell against Noble and Ware, to recover the amount of an insurance policy held by the plaintiff. The cause of action was based on sections i.205 and 1206 of the Code of 1886. There was judgment for the plaintiff, and defendants appeal.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action brought by S. M. Mitchell against Noble and Ware, to recover the amount of an insurance policy held by the plaintiff. The cause of action was based on sections i.205 and 1206 of the Code of 1886. There was judgment for the plaintiff, and defendants appeal. The complaint as amended sought to recover one thousand dollars damages, and alleged that the plaintiff was, at the time of taking out the policy of insurance, a merchant; and that on September 25,1890, “plaintiff received from the…
1Opinion of the CourtColeman, J.
The action was instituted by appellee to recover a loss covered by a policy of fire insurance, and arose under section 1206 of the Code of 1886. It is contended by the defendants that the act is unconstitutional, and that this is apparent when section 1206 is considered and construed in connection with sections 1205 and 1207. These three sections are as follows: Section 1205: “Any person, who solicits insurance on behalf of an insurance company, not incorporated by the laws of this State, or who, other than for himself, takes or transmits an application for insurance, a premium of insurance,…
2Cases cited9 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Baldwin v. FranksSupreme Court of the United States · 1887
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Powell v. StateSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- American Fire Insurance v. King Lumber & Manufacturing Co.Supreme Court of Florida · 1917
- Home Ins. Co. of New York v. ScharnagelSupreme Court of Alabama · 1933
- State v. SkinnerAlabama Court of Appeals · 1924
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Winston-Norris Co. v. KingSupreme Court of Oklahoma · 1926
10 more not listed; retrieve them via the Exa API.