Galliher v. State Mutual Life Ins.
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Laura Galliher against the State Mutual Life Insurance Go. on a policy upon the life of James Galliher. From a judgment for defendants, plaintiff appeals. This was an action on an insurance policy on the-life of James AY.
Read the full summary
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Action by Laura Galliher against the State Mutual Life Insurance Go. on a policy upon the life of James Galliher. From a judgment for defendants, plaintiff appeals. This was an action on an insurance policy on the-life of James AY. Galliher, who is alleged to have died on the 13th day of August, 1904, of which the defendant had notice, and is for the first and second installment or annuity under the policy; the plaintiff alleging, further, that she is the widow of said Galliher, and that her widowhood remains to this…
1Opinion of the CourtAnderson, J.
Conceding that the policy, which is the foundation of this suit, is a Georgia contract, and that the clause shortening the statute of limitations Avould be binding in the state of Georgia, it is expressly prohibited by section 2802 of the Code of 1896. In the Avell-considered case of Jones v. Jones, 18 Ala. 248, AAdierein the case of Goodman v. Munks, 8 Port. 84, was overruled, the court, through Dargan, C. J., said:- “It is a principle of law, admitted by all courts, that the lex loci contractus must govern as to the ATilidity, interpretation, and construction of the contract; but the remedy…
2Cases cited20 opinions
- Insurance Co. v. EgglestonSupreme Court of the United States · 1878
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Decouche v. SavetierNew York Court of Chancery · 1817
- Ruggles v. KeelerNew York Supreme Court · 1808
- Pearsall v. DwightMassachusetts Supreme Judicial Court · 1806
15 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Sun Insurance Office, Limited v. ClaySupreme Court of Florida · 1961
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- MacEy v. CrumSupreme Court of Alabama · 1947
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
- Larue v. C. G. Kershaw Contracting Co.Supreme Court of Alabama · 1912
28 more not listed; retrieve them via the Exa API.