Creed v. Sun Fire Office of London
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the EEon. John R. Tyson. This was an action brought by the appellants, Katie Creed and Mattie Flinn, against the appellee to recover $2,000, the amount claimed on a policy of insurance on a building situated near the city of Montgomery, which, was insured by the defendant against loss or injury by fire, and which was, before the bringing of said suit, entirely destroyed by fire. The defendant pleaded several pleas.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the EEon. John R. Tyson. This was an action brought by the appellants, Katie Creed and Mattie Flinn, against the appellee to recover $2,000, the amount claimed on a policy of insurance on a building situated near the city of Montgomery, which, was insured by the defendant against loss or injury by fire, and which was, before the bringing of said suit, entirely destroyed by fire. The defendant pleaded several pleas. By the first plea it pleaded the general issue. In the third plea it averred that by the terms of said policy it was…
1Opinion of the CourtColeman, J.
This is an action by appellants upon a policy of insurance issued for the benefit of plaintiffs, insuring a certain dwelling against loss or destruction by fire. The suit is in the j oint name of Katie Creed and Mattie Flinn, the assured. The defendant pleaded several special pleas, upon some of which issue was joined, and to the others a replication was filed by plaintiffs. The court sustained a demurrer to the replication, and the plaintiffs declining to plead further, judgment was rendered for the defendant.
Several questions have been argued, but the rulings of the court upon the demurrers…
2Cases cited5 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Herkimer v. . RiceNew York Court of Appeals · 1863
- Williamson v. New Orleans InsuranceSupreme Court of Alabama · 1887
- Pelican Insurance v. SmithSupreme Court of Alabama · 1890
- Alexander v. SandersSupreme Court of Alabama · 1890
3Cited by9 opinions
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1932
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Pope v. Glens Falls InsuranceSupreme Court of Alabama · 1900
- American Equitable Assur. Co. v. Powderly Coal & Lumber Co.Supreme Court of Alabama · 1930
- Northwestern National Insurance v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1917
4 more not listed; retrieve them via the Exa API.