Exchange Underwriters Agency v. Bates
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by J. A. Bates and W. B. Bates against the Exchange Underwriters’ Agency of the Royal Exchange Assurance of London, England. Judgment for plaintiffs, and defendant appeals. The substance of the complaint sufficiently appears.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by J. A. Bates and W. B. Bates against the Exchange Underwriters’ Agency of the Royal Exchange Assurance of London, England. Judgment for plaintiffs, and defendant appeals. The substance of the complaint sufficiently appears. The demurrers raise the point of a misjoinder of counts seeking a recovery under the policy, and for the penalty; that the property was not sufficiently described, and that the suit was filed before the 15-day period. Plea 3 set up the provision of the policy that it should be void if the…
1Opinion of the CourtMayfield, J.
This is an action on a fire insurance policy. The property insured consisted of a ginhouse, cotton ginning machinery, a gristmill, and an engine and boiler. The whole amount of the insurance was $2,500, but this was apportioned separately as to each item above specified, as follows: $300 on the ginhouse, $1,500 on the ginning machinery, $200 on the-gristmill, and $500 on the engine and boiler.(1) The complaint was simple, in Code form, with the addition of a new clause claiming the 25 per cent, penalty provided for by section 4594 of the Code, as amended by General Acts 1911, p. 136. To this…
2Cases cited5 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Shafer & Co. v. HausmanSupreme Court of Alabama · 1903
- Troy Lumber & Const. Co. v. BoswellSupreme Court of Alabama · 1914
- Alabama Mutual Fire Insurance v. MinchenerSupreme Court of Alabama · 1901
3Cited by7 opinions
- Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
- New Brunswick Fire Ins. Co. v. NicholsSupreme Court of Alabama · 1923
- Gunn v. Palatine Ins. Co., Ltd., of LondonSupreme Court of Alabama · 1927
- &198tna Ins. Co. v. KacharosSupreme Court of Alabama · 1933
- Jersey Ins. Co. v. RoddamSupreme Court of Alabama · 1951
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