Phœnix Assurance Co. v. McAuthor
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This action was brought by the appellee, F. M. McAuthor, against the appellant, the Phoenix Assurance Company of London; and counted in the Code form upon a policy of fire insurance, which was alleged to have been issued by the defendant upon the plaintiff’s dwelling house.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This action was brought by the appellee, F. M. McAuthor, against the appellant, the Phoenix Assurance Company of London; and counted in the Code form upon a policy of fire insurance, which was alleged to have been issued by the defendant upon the plaintiff’s dwelling house. The defendant pleaded the general issue and by special pleas that at the time of the alleged fire the policy of insurance had been cancelled by the defendant, by virtue of an agreement with the plaintiff and in accordance with one of the…
1Opinion of the CourtHaralson, J.
1. Suit upon a fire insurance policy; complaint in Code form. The second and third assignments of error, — the first assignment not being insisted on, — may be considered together as raising substantially the same objections to the introduction of evidence, viz., (1) that the evidence offered of the contents of the policy was secondary; (2) that only a part of the contract of insurance was offered; and (3) that Murphree, who issued the policy, had not been shown to be the agent of the company. As to the last objection, it is sufficient to say, that if there was error in the ruling of the…
2Cases cited6 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Home Protection v. WhiddenSupreme Court of Alabama · 1893
- Bogan v. McCutchenSupreme Court of Alabama · 1872
- Jones v. StateSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Amarillo Nat. Life Ins. Co. v. BrownCourt of Appeals of Texas · 1914
- Whitsett v. BelueSupreme Court of Alabama · 1911
- Royal Exchange Assurance of London v. AlmonSupreme Court of Alabama · 1918
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1934
- Oates v. GloverSupreme Court of Alabama · 1934
11 more not listed; retrieve them via the Exa API.