Cobb v. Keith, Smith & Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. A. P. Agee, Special Judge. This was an action of assumpsit, brought by the ap-pellees, Keith, Smith & Co,-, against the appellant, Lulie C. Cobb and H. H. Cobb, her husband. The defendants pleaded the general issue and a special plea, the substance of which is stated in the opinion.
Read the full summary
Appeal from the City Court of Anniston. Tried before the Hon. A. P. Agee, Special Judge. This was an action of assumpsit, brought by the ap-pellees, Keith, Smith & Co,-, against the appellant, Lulie C. Cobb and H. H. Cobb, her husband. The defendants pleaded the general issue and a special plea, the substance of which is stated in the opinion. The plaintiff demurred to this plea on the grounds stated in the opinion, and this demurrer was sustained, to which ruling the defendants excepted. Upon issue being joined upon the remaining pleas, the cause was tried by the court without the…
1Opinion of the CourtHead, J.
Keith,. Smith & Co., plaintiffs in the lower court, were fire insurance agents in the city of Anniston. Lulie C. Cobb, being the owner of the Wilmer Hotel, applied to them, on the 21st day of November, 1883, for insurance on the building and furniture, and agreed if they would advance the premium for such insurance she would repay them on or before the 15th day of February, following. Keith, Smith & Co. thereupon issued the policies of insurance and advanced the premium due for same, amounting to $237.50. Mrs. Cobb failed to repay the money so advanced and Keith, Smith & Co., after giving her…
2Cases cited4 opinions
- Gamble v. KellumSupreme Court of Alabama · 1892
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Steed v. McIntyreSupreme Court of Alabama · 1880
- Jones v. Nelson'sSupreme Court of Alabama · 1874
3Cited by11 opinions
- Sealy v. McElroySupreme Court of Alabama · 1972
- Rentz v. Live Oak BankSupreme Court of Florida · 1911
- Courtesy Ford Sales, Inc. v. FarriorCourt of Civil Appeals of Alabama · 1974
- Sanders v. HartgeIndiana Court of Appeals · 1897
- Redmond & Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1908
6 more not listed; retrieve them via the Exa API.