Pelican Insurance v. Smith
Supreme Court of Alabama
Appeal from tlie Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action, brought by the appellee, Mrs, Mary W. Smith,, was based on a lire insurance policy; and sought to recover the amount of insurance therein specified. All the facts are sufficiently set out in the opinion. . cited West. Asso.
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Appeal from tlie Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action, brought by the appellee, Mrs, Mary W. Smith,, was based on a lire insurance policy; and sought to recover the amount of insurance therein specified. All the facts are sufficiently set out in the opinion. . cited West. Asso. Go. v. Stoddard, 88 Ala. 606; 2 Peters, 49; 10' Peters, 507; 7 Wend. 72; May on Insurance, §§181, 184; 4 Wait’s Act.' & Def. pp. 34, 35, and authorities there cited. cited 86 Ala. 194; 85 Ala. 351; 84 Ala. 108; 80 Ala. 576; 77 Ala. 210.
1Opinion of the CourtColeman, J.
The action was upon a fire insurance policy to recover the value of a store house and goods destroyed by fire. The policy was taken out in the name of Smith & Oo. by M. A. Smith, the husband of plaintiff. The defense relied on was misrepresentation and breach of warranty, as to the ownership of the property insured.
There is no material conflict in the evidence of the husband, M. A. Smith, who was examined by plaintiff, and J. A. Speller,, the defendant’s agent, through whom the policy was issued, examined by the defense. M. A. Smith testified that defendant’s agent did not inquire of him who…
2Cases cited1 opinion
- Western Assurance Co. v. StoddardSupreme Court of Alabama · 1889
3Cited by11 opinions
- Syndicate Ins. v. BohnCourt of Appeals for the Eighth Circuit · 1894
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Kludt v. German Mutual Fire InsuranceWisconsin Supreme Court · 1913
- In re Pelican InsuranceSupreme Court of Louisiana · 1895
- Tubb v. Liverpool & London & Globe InsuranceSupreme Court of Alabama · 1894
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