Insurance Co. of North America v. Thornton
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellees, H. O. Thornton and others, suing as partners against the Insurance Company of North America; and counted upon an alleged verbal contract of insurance against fire, on a stock of merchandise. The facts of the case necessary to an understonding of the decision on the present appeal are sufficiently stated in the opinion.
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Appeal from tbe Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by the appellees, H. O. Thornton and others, suing as partners against the Insurance Company of North America; and counted upon an alleged verbal contract of insurance against fire, on a stock of merchandise. The facts of the case necessary to an understonding of the decision on the present appeal are sufficiently stated in the opinion. There were several exceptions reserved to the rulings of the trial court upon the evidence, but it is deemed unnecessary to set out in detail the facts…
1Dissent
Tyson, J.,
dissenting. — In the absence of all evidence that the insured had knowledge of the limitation in t-lm power of attorney to Glenn restricting his doing of business for Iris company to a prescribed territory, and in view of the requirement of the statute regulating the manner of doing business by foreign insurance companies to the end of requiring their agents in this State, to be regularly’commissioned and licensed, before the company can make contracts of insurance on property in this State, and when so commissioned and licensed the agent is authorized to make contracts of insurance…
2Cases cited7 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Montgomery Furniture Co. v. HardawaySupreme Court of Alabama · 1893
- Louisville Coffin Co. v. StokesSupreme Court of Alabama · 1884
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