Stephenson v. Allison
Supreme Court of Alabama
Action on Note. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaice. Action by R. L. Stephenson as trustee in bankruptcy against E. H. Allison on an account due the bankrupt.
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Action on Note. Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speaice. Action by R. L. Stephenson as trustee in bankruptcy against E. H. Allison on an account due the bankrupt. Judgment for -defendant and plaintiff appeals. — Counsel insist, that there was no delivery of the policy. — Flanders on Insurance, 104 and note; Consumers M. Co. Case, 57 Atl. 440. Even if the policy was delivered the trustee was entitled to recover for the rebate on its cancellation. — The appellant has not complied with section 5, Local Acts 1894-5, 586. Williams v. Woodward I. Go., 106 Ala. 254; Hood v.…
1Opinion of the CourtSaybe, J.
— Plaintiff in error and in the court below sued as trustee in bankruptcy of the firm of Johnson & McDonald. In the circuit court, on appeal from the judgment of a justice of the peace, there was a judgment for the defendant. Defendant admitted the indebtedness sued upon, hut sought to avoid liability by showing an accord and satisfaction, in that, pursuant to an agreement to that effect, he had issued to plaintiff a policy of fire insurance in a company for which he was agent, had assumed responsibility for the premium in settlement of the account, and in his settlement with his company at…
2Cases cited3 opinions
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Phœnix Assurance Co. v. McAuthorSupreme Court of Alabama · 1897
- Alabama Fruit Growing & Winery Ass'n v. GarnerSupreme Court of Alabama · 1898
3Cited by15 opinions
- Unterharnscheidt v. Missouri State Life InsuranceSupreme Court of Iowa · 1912
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Reserve Loan Life Insurance v. PhillipsSupreme Court of Georgia · 1923
- Pelaggi Co. v. Orient Ins. Co.Supreme Court of Vermont · 1930
- Farmers' Mut. Ins. v. StewartSupreme Court of Alabama · 1914
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