Alabama Gold Life Insurance v. Mayes
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. H. T. ToiJLMIN. Appellee, Mayes, as tbe administrator of George Blakely, brought this action against the appellant, Alabama Gold Life Insurance Company, to recover the amount of a policy, alleged to have been issued by it on the life of his intestate.
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Appeal from Mobile Circuit Court. Tried before Hon. H. T. ToiJLMIN. Appellee, Mayes, as tbe administrator of George Blakely, brought this action against the appellant, Alabama Gold Life Insurance Company, to recover the amount of a policy, alleged to have been issued by it on the life of his intestate. The facts material to the decision, are as follows : On the 3d day of December, 1869, plaintiff’s intestate made application to the company for a policy on his life, through B. F. Smith, and on the same day paid to Smith one hundred and thirty-three dollars and sixty-six cents in gold coin, and…
1Opinion of the CourtBrickell, C. J.
The errors assigned are numerous,, relating to questions of pleading, rulings of the court below on the admission of evidence, and in giving and refusing instructions to the jury. It is not necessary to consider them separately, for in view of the evidence, there is a radical error in many of these rulings, and the appellee who was plaintiff has no right of recovery in any aspect of the case.
In the absence of statutory prohibition a contract of insurance may be made by parol, or there may be a parol agreement to insure which a court of equity will enforce. — M. M. D. & M. Ins. Co. 13.…
2Cases cited6 opinions
- Lightbody v. North American InsuranceNew York Supreme Court · 1840
- Mobile Marine Dock & Mutual Ins. v. McMillan & SonSupreme Court of Alabama · 1858
- Schwartz v. Germania Life Ins.Supreme Court of Minnesota · 1872
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1874
- Bentley v. . the Columbia Insurance CompanyNew York Court of Appeals · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Northwestern Mutual Life Insurance v. NeafusCourt of Appeals of Kentucky · 1911
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Life Insurance Company of Georgia v. MillerSupreme Court of Alabama · 1974
22 more not listed; retrieve them via the Exa API.