Travelers' Ins. Co. v. Whitman
Supreme Court of Alabama
Appeal from, Circuit Court, Morgan County; Robert C. Briekell, Judge. Action by E. D. Whitman against the Travelers’ Insurance Company. From judgment for plaintiff, defendant appeals.
1Opinion of the CourtThomas, J.
The case was tried on two counts of the complaint, declaring upon a policy of accident insurance, to which demurrer was assigned.
[1] Several of the grounds of demurrer overruled to counts 2 and 3 were that the contract of insurance was not set out in hsec verba or in legal effect, and it was not averred defendant had notice of the death of insured as required by the terms of the policy. “Section 5321 of the Code of 1907 commands brevity in pleading, but brevity consistent with perspicuity and such an intelligible statement of facts as that a material issue in law or fact can be taken by the…
2Cases cited37 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Miller v. WhittingtonSupreme Court of Alabama · 1918
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
32 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pollard v. RogersSupreme Court of Alabama · 1937
- Brotherhood of Railway & Steamship Clerks, Freight Handlers, Express & Station Employees v. RigginsSupreme Court of Alabama · 1925
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Foust v. KinneySupreme Court of Alabama · 1918
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
13 more not listed; retrieve them via the Exa API.