Home Protection v. Avery
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James W. Lapsley. Action on policy of insurance against fire, commenced October 1st, 1886; plea of general issue, and special plea of forfeiture; verdict and judgment for plaintiff, under charges of court, which are now assigned as error, with rulings in admission of evidence. The opinion states the material facts, and makes it unnecessary to set out the numerous rulings to which exceptions were reserved.
Read the full summary
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James W. Lapsley. Action on policy of insurance against fire, commenced October 1st, 1886; plea of general issue, and special plea of forfeiture; verdict and judgment for plaintiff, under charges of court, which are now assigned as error, with rulings in admission of evidence. The opinion states the material facts, and makes it unnecessary to set out the numerous rulings to which exceptions were reserved. The stipulation in the policy that it should become void on non-payment of the premium notes, is valid; punctual payment at…
1Opinion of the Court
STONE, G. J.
It is shown in the record before us that the appellee, a married woman, took out three policies in the appellant corporation, a fire-insurance company. Two of them were against losses by fire or lightning, and the third one against losses by storms. Only one of the policies is before us, and it is the foundation of the present action. It bears date November 27, 1883, was to run five years from date, and was based on a gross premium of forty-four dollars, one fifth of which — $8.80-100 dollars — was paid in advance, and the remaining four-fifths were to be paid in installments of…
2Cases cited13 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Bouton v. American Mutual Life InsuranceSupreme Court of Connecticut · 1857
- Williams v. Albany City InsuranceMichigan Supreme Court · 1870
- McAllister v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Trotter v. Grand Lodge of the Iowa Legion of HonorSupreme Court of Iowa · 1906
- West v. National Casualty Co.Indiana Court of Appeals · 1916
- Willis v. Miss. Farm Bureau Mut. Ins. Co.Mississippi Supreme Court · 1985
- Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
- Childress v. Foremost Ins. Co., Inc.Supreme Court of Alabama · 1982
10 more not listed; retrieve them via the Exa API.