Security Ins. v. Laird
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard, before Hon. J. C. B. Gwin. Action by A. H. Laird against the Security Insurance Company, on a fire insurance policy. Judgment for plaintiff and defendant appeals. The court should have sustained defendant’s demurrer to plaintiff’s replication setting up the retention of the premium with notice of the mortgage prior to the loss by fire. — Ala.
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Appeal from Bessemer City Court. Heard, before Hon. J. C. B. Gwin. Action by A. H. Laird against the Security Insurance Company, on a fire insurance policy. Judgment for plaintiff and defendant appeals. The court should have sustained defendant’s demurrer to plaintiff’s replication setting up the retention of the premium with notice of the mortgage prior to the loss by fire. — Ala. S. M. A. Go. v. Long, 123 Ala. 667; Traders I. Go. v. Letcher, 143 Ala. 400; Gassimus v. S. U. & N. I. Go., 135 Ala. 256. The only material inquiry was whether plaintiff signed the mortgage introduced in evidence,…
1Opinion of the Court
de GRAFFENRIED, J.
A. H. Laird insured his household goods against loss by fire, in the Security Insurance Company. The policy was for a term of three years, commencing on August 13, 1910, at noon, and ending on the 13th day of August, 1913, at noon. The policy was to cover all loss by fire not exceeding $600. The policy, among other provisions, contains a clause declaring that the policy, unless otherwise provided by agreement indorsed thereon or added thereto, shall be void, “if the subject of insurance be personal property and be or become incumbered by a óhattel mortgage.”
The mortgage of…
2Cases cited3 opinions
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1900
- Lee v. Agricultural InsuranceSupreme Court of Iowa · 1890
- Robinson v. Aetna Fire InsuranceSupreme Court of Alabama · 1902
3Cited by16 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Travelers' Ins. Co. v. PlasterSupreme Court of Alabama · 1924
- American Automobile Insurance Co. v. EnglishSupreme Court of Alabama · 1957
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
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