Liverpool London Globe Ins. Co. v. McCree

The first appeal is reported as Liverpool, etc., Co. v. McCree, 210 Ala. 559, 98 So. 880. The second trial was had on count D, declaring on a verbal contract of insurance.

There .was no error in sustaining demurrer of plaintiff to pleas Z and Z-l, setting up the defense that the contract was void, or not binding, without ratification, because Aeree, with whom it is alleged plaintiff made the contract of. insurance, was, without the knowledge of the defendant company, the agent of the bank holding a mortgage on the cotton, and to whom the contract was made payable. The pleas do not aver an…