American Workmen v. James
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by John James against the American Workmen on a policy issued on the life of Corrie James. From a judgment for plaintiff, defendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by John James against the American Workmen on a policy issued on the life of Corrie James. From a judgment for plaintiff, defendant appeals. The second plea, as originally filed, is as follows: “For further plea and answer defendant says that after the making, executing, and delivering of the policy sued on, and the death of Corrie James as alleged, and before the commencement of this action, on, to-wit: December 2, 1913, defendant delivered to plaintiff its check for $75 on the United States Trust Company, of…
1Opinion of the Court
THOMAS, J.(1) The court committed no error in sustaining the plaintiff’s demurrer to defendant’s plea No. 2, as is so clearly pointed out in the following authorities as not to require discussion: Louisiana, Lumber Co. v. Farrior, 9 Ala. App. 383, 63 South. 788, and cases there cited; Ikard v. Armstrong, 10 Ala. App. 657, 65 South. 849; Smith v. Elrod, 122 Ala. 269, 24 South. 994; Andrews v. Tucker, 127 Ala. 612, 29 South. 34.
(2, 3) The defendant also complains that the court sustained demurrers to said plea 2 as amended, but the record does not disclose this to be a fact. It is true that two…
2Cases cited6 opinions
- Padgett v. Gulfport Fertilizer Co.Alabama Court of Appeals · 1914
- Smith v. ElrodSupreme Court of Alabama · 1898
- White v. TolliverSupreme Court of Alabama · 1895
- Louisville & Nashville R. R. v. BrittonSupreme Court of Alabama · 1907
- Louisiana Lumber Co. v. J. W. Farrior Lumber Co.Alabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. St. Paul Fire & Marine InsuranceNebraska Supreme Court · 1920
- American Nat. Ins. Co. v. ReedAlabama Court of Appeals · 1934
- State v. MasseySupreme Court of Alabama · 1960
- American Nat. Ins. Co. v. ReedAlabama Court of Appeals · 1934