Western Assurance Co. v. Hall & Brother
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action brought by the appellees, Hall & Brother, against the appellant, the Western Assurance Company of Toronto ; and counted in the statutory form upon a fire insurance policy, seeking to recover the loss sustained by fire, of certain articles included in the policy. The defendant filed several pleas, the substance of which is stated in the opinion.
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Appeal from the Circuit Court of Madison. Tried before the Hon. H. C. Speake. This was an action brought by the appellees, Hall & Brother, against the appellant, the Western Assurance Company of Toronto ; and counted in the statutory form upon a fire insurance policy, seeking to recover the loss sustained by fire, of certain articles included in the policy. The defendant filed several pleas, the substance of which is stated in the opinion. The clause in the fire insurance policy providing for arbitration in the event of a disagreement between the insured and insurer as to the value of the…
1Opinion of the CourtSharpe, J.
This is an action upon a fire insurance policy issued by appellant to the appellee, and is in this court upon a second appeal. The main controversy arises out of the clause therein providing for arbitration of differences as to loss. After remandment of the cause, there remained in the record besides the general issue *554.which is numbered 1, the-special pleas numbered respectively 2, 3, 4 and 5; the sixth having been withdrawn.
Plea number 2 sets out’ the clause in question, and avers in substance that differences arose as to the loss", that defendant requested that an appraisement be had as…
2Cases cited6 opinions
- Uhrig v. . Williamsburgh City Fire Ins. Co.New York Court of Appeals · 1886
- Phœnix Insurance Co. v. BadgerWisconsin Supreme Court · 1881
- Western Assurance Co. v. Hall & BrotherSupreme Court of Alabama · 1895
- M. Pretzfelder & Co. v. Merchants' InsuranceSupreme Court of North Carolina · 1895
- Braddy & Gaylord v. New York Bowery Fire InsuranceSupreme Court of North Carolina · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Paul Fire & Marine Insurance v. KirkpatrickTennessee Supreme Court · 1913
- Hall & Brother v. Western Assurance Co.Supreme Court of Alabama · 1901
- Maryland Casualty Co. v. MayfieldSupreme Court of Alabama · 1932
- Ex Parte Birmingham Fire Ins. Co.Supreme Court of Alabama · 1937
- Fowble v. Phoenix InsuranceMissouri Court of Appeals · 1904
9 more not listed; retrieve them via the Exa API.