Mobile Marine Dock & Mutual Insurance v. McMillan
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinsery. This was an action (under tbe Code) on a policy of insurance on 198 bales of cotton, shipped from Mobile to New Orleans, on board of tbe Helen ; and tbe. only plea was, the general issue, with leave to give any special matter in evidence.
Read the full summary
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinsery. This was an action (under tbe Code) on a policy of insurance on 198 bales of cotton, shipped from Mobile to New Orleans, on board of tbe Helen ; and tbe. only plea was, the general issue, with leave to give any special matter in evidence. The amount insured, endorsed in gross, was $9,900 ; the rate three-sixteenths of one per cent.; and the stipulation as to the beginning and duration of the risk, as “ Beginning the adventure upon the said goods and merchandise from and immediately following the loading thereof on…
1Opinion of the CourtChilton, C. J.
It is a rule of construction, settled by numerous authorities, that every usage of trade, which is so well settled, or so generally known, that all persons engaged in that trade may fairly be' considered as contracting with reference to it, is regarded as forming part of every policy designed to protect risks in that trade, unless by the express terms of the policy, or by necessary implication, such inference is repelled. — 1 Duer on Ins. 195, §§ 42, 43 ; ib. 265, §§ 60, 61,62; Arnould on Ins. (1850 edit.) p. 65 ; Hughes on Ins. 109-10; 1 Phillips on Ins. (edit. 1853) 19, et seq.
The contract…
2Cases cited4 opinions
- Donley v. CampSupreme Court of Alabama · 1853
- Gracie v. Marine Ins. Co. of BaltimoreSupreme Court of the United States · 1814
- Gardiner v. SmithNew York Supreme Court · 1799
- Porter v. NashSupreme Court of Alabama · 1840
3Cited by9 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Union Mut. Aid Ass'n v. CarrowaySupreme Court of Alabama · 1918
- Douglas & Mizell v. Ham Turpentine Co.Supreme Court of Alabama · 1923
- Smith v. Mobile Navigation & Mutual InsuranceSupreme Court of Alabama · 1857
- Bluefields Fruit & S. S. Co. v. Western Assur. Co.Court of Appeals for the Fifth Circuit · 1920
4 more not listed; retrieve them via the Exa API.