Union Marine Ins. v. Charlie's Transfer Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by the Charlie’s Transfer Company against the Union Marine Insurance Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by the Charlie’s Transfer Company against the Union Marine Insurance Company. Judgment for plaintiff, and defendant appeals. Counts 5 and 6 allege respectively the insurance of the automobile truck which was destroyed by fire, and that the policy contained an agreement that, in the event of disagreement as to the amount of loss or damage, the same should be ascertained by two competent and disinterested appraisers, to be selected one each by the insurer and insured, and, on their failure to agree, that the two chosen…
1Opinion of the Court
SAYRE, J.—
Plaintiff joined counts on a policy of insurance with others, counting on an award made in the arbitration of a loss suffered under the same policy. Defendant objected to the presence of the counts on the policy, saying that the cause of action there counted upon had been merged in the award shown by the other counts. The doctrine of merger in such cases cannot be doubted; but it does not follow that the policy counts should have been stricken on motion or demurrer. Each count must stand or fall upon the merits of its own averments. There may be a misjoinder; but an objection on…
2Cases cited6 opinions
- Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
- Ferdon v. DickensSupreme Court of Alabama · 1909
- Craig & Co. v. Pierson L. Co.Supreme Court of Alabama · 1913
- Commercial Union Assurance Co. v. RyallsSupreme Court of Alabama · 1910
- McCrary v. HarrisonSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Glens Falls Ins. Co. of New York v. GarnerSupreme Court of Alabama · 1934
- Hartford Fire Ins. Co. v. SullivanSupreme Court of Oklahoma · 1918
- Louisville & Nashville R. R. v. LaneyAlabama Court of Appeals · 1915
- Hines v. LaurendineAlabama Court of Appeals · 1920
1 more not listed; retrieve them via the Exa API.