Cosmopolitan Fire Insurance v. Gingold
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Sam Gingold against tbe Cosmopolitan Fire Insurance Company on two fire policies. Judgment for plaintiff, and defendant appeals. Tbe complaint is in tbe usual Code form, with tbe averment additionally that tbe policies were originally issued to one David Caplan, and on, to wit, October. 17, 1907, so transferred and assigned as to cover tbe property belonging to Bosen & Caplan.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Sam Gingold against tbe Cosmopolitan Fire Insurance Company on two fire policies. Judgment for plaintiff, and defendant appeals. Tbe complaint is in tbe usual Code form, with tbe averment additionally that tbe policies were originally issued to one David Caplan, and on, to wit, October. 17, 1907, so transferred and assigned as to cover tbe property belonging to Bosen & Caplan. Plaintiff further avers that tbe interest of said David Caplan in said policies was sold, transferred, and assigned to Isaac Bosen, and by…
1Opinion of the CourtWalker, P. J.
This action was upon two fire insurance policies originally issued to one David Caplan, the averments of two of the counts of the complaint showing that the policies were so transferred and assigned as to cover property belonging to Rosen & Caplan, and that the interest in the policies was sold, transferred, and assigned to the plaintiff.
The evidence for the plaintiff tended to show that he became the owner of the policies after the fire. In the absence of any provision in the policies requiring such a transfer of ownership of a claim under'the policies to be in writing, it could be made by…
2Cases cited6 opinions
- Johnson v. Ætna InsuranceSupreme Court of Georgia · 1905
- Manchester v. . Guardian Assurance Co.New York Court of Appeals · 1896
- L'Engle v. Scottish Union & National Fire InsuranceSupreme Court of Florida · 1904
- Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900
- Insurance Co. of North America v. Forcheimer & Co.Supreme Court of Alabama · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Maryland Casualty Co. v. BeebeCourt of Appeals for the Tenth Circuit · 1931
- Montgomery v. HartSupreme Court of Alabama · 1932
- Federal Life & Casualty Co. v. RobinsonAlabama Court of Appeals · 1937
- Firemen's Insurance v. LarsenCourt of Appeals of Georgia · 1935