Legal Opinion

Fire Insurance Companies v. Felrath

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 30 opinions

Actions on Policies of Insurance against Loss Toy Fire. Appeals from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarice. These three cases, involving the same facts and questions, were argued and submitted together.

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Actions on Policies of Insurance against Loss Toy Fire. Appeals from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarice. These three cases, involving the same facts and questions, were argued and submitted together. Each of the actions was brought by Joseph Felrath, and, was commenced on the 31st July, 1883; the defendants being the North British and Mercantile Insurance Company of London and Edinburgh, the Ger-mania Fire Insurance Company of New York, and the Hanover Fire Insurance Company of New York. Each action was founded on a policy of insurance against fire, issued by…

1Opinion of the Court

. STONE, C. J.

1. Can Felrath maintain these actions in his own name? We think not, for the following reasons: The policies were taken out in the name, and in favor of James Clark, who owned the property. The gross sum of the policies was fifteen hundred and fifty dollars. Felrath had a mortgage on the property, but the policies were neither assigned nor transferred to him, so as to constitute them his property, nor to make him, Felrath, the party assured. The only interest Felrath had is shown on the face of the policies themselves, and is expressed in this language : “ Loss, if any, payable…

2Cases cited21 opinions

  1. Insurance Co. v. MowrySupreme Court of the United States · 1878
  2. Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
  3. Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
  4. Aetna Life Ins. Co. v. FranceSupreme Court of the United States · 1876
  5. Aurora Fire & Marine Insurance v. KranichMichigan Supreme Court · 1877

16 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
  2. Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
  3. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  4. Feibelman v. Manchester Fire Assurance Co.Supreme Court of Alabama · 1895
  5. Capital City Insurance v. JonesSupreme Court of Alabama · 1900

25 more not listed; retrieve them via the Exa API.

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