Perry v. Merchants' Insurance
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKikstey. This action, which was commenced by summons and complaint under the 'Code, was founded on a policy of insurance executed by the appellee to one Trimble on the “ Planters' Press,” including the warehouse, press, and machinery, which policy was assigned by said Trimble to the plaintiff.
Read the full summary
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKikstey. This action, which was commenced by summons and complaint under the 'Code, was founded on a policy of insurance executed by the appellee to one Trimble on the “ Planters' Press,” including the warehouse, press, and machinery, which policy was assigned by said Trimble to the plaintiff. The plea was, “ the general issue, with leave to give any special matter in evidence going to show that the plaintiff has no right to recover.” On the trial, the plaintiff produced the policy, which covered twelve months from the 8th of…
1Opinion of the Court
CHILTON, C. J. —
Assumpsit by Perry, as assignee of one Trimble, upon a policy of insurance executed by the appellees. The assignment to Perry was in blank as to date, except the year, which was 1853 ; but the proof conduced to show that the loss was before the assignment. Conceding this, the question is, whether the assignee can sustain an action on the policy in his own name. The judge of tile City Court held that he could not, and thereby forced the plaintiff to take a non-suit, who, under the statute, moves to set it aside in this court.
*361After a careful review of tbe statute, and the cases…
2Cases cited1 opinion
- Brown v. ChambersSupreme Court of Alabama · 1848
3Cited by11 opinions
- Washington v. NorwoodSupreme Court of Alabama · 1900
- Capital City Insurance v. JonesSupreme Court of Alabama · 1900
- Home Ins. Co. of New York v. Campbell Motor Co.Supreme Court of Alabama · 1933
- Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
- Insurance Co. of North America v. Forcheimer & Co.Supreme Court of Alabama · 1888
6 more not listed; retrieve them via the Exa API.