Prine v. American Central Ins.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Florence H. Prine against the American Central Insurance Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Florence H. Prine against the American Central Insurance Company. From a judgment for defendant, plaintiff appeals. Count 2 is as follows: “Plaintiff claims of defendant the sum of $400, the value of a frame, shingle-roof storehouse, and the further sum of $750, the value of the stock of merchandise consisting of dry goods, notions, boots, shoes, groceries, and other goods not more hazardous, suitable to plaintiff’s line of business, formerly contained in the above storehouse, all of which the defendant, on,…
1Opinion of the CourtAnderson, J.
The Code form (No. 13) upon a fire insurance policy implies an action by the assured, and, where the complaint names some one other than the assured as plaintiff, it must set up facts showing how and in what right the plaintiff is entitled to sue upon or for a breach of the policy contract.—Feibelman v. Manchester Co., 108 Ala. 180, 19 South. 540; Nortwich Ins. Co. v. Prude, 145 Ala. 297, 40 South. 322; Continental Ins. Co. v. Parks, 142 Ala. 650, 39 South. 204 Counts 2, 2a, 2b, 5a, and 5b, all set out L. L. Prine, and not the plaintiff, as the assured in the policy and fail to set up such…
2Cases cited7 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
- Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
- Wood v. ComanSupreme Court of Alabama · 1876
- Norwich Union Fire Insurance v. PrudeSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Hanover Fire Ins. Co. v. WoodSupreme Court of Alabama · 1923
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930
- National Fire Ins. Co. of Hartford v. Tennessee Land Co.Supreme Court of Alabama · 1932
- Champion v. Life Casualty Ins. Co. of TennesseeAlabama Court of Appeals · 1932
15 more not listed; retrieve them via the Exa API.