Royal Exch. Assur. of London, Eng. v. Almon
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by John Almon against the Royal Exchange Assurance of London, England, on a fire insurance policy. Judgment for plaintiff, and defendant appeals. The complaint was in the form prescribed by the Code. Pleas 1 and 2 were the general issue. Pleas 3 and 4 were non est factum.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by John Almon against the Royal Exchange Assurance of London, England, on a fire insurance policy. Judgment for plaintiff, and defendant appeals. The complaint was in the form prescribed by the Code. Pleas 1 and 2 were the general issue. Pleas 3 and 4 were non est factum. Plea 5 set up the conditions that the entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership; that the agreement alluded to was not…
1Opinion of the CourtMiller, J.
This is a suit on a fire insurance policy for loss by fire of a barn, corn, hay, peas, and farm and garden tools. The complaint follows substantially form 13 on page 1196 of the Code of 1907.
This is the second appeal to this court. The former is reported in 202 Ala. 374, 80 South. 456.
[1] The court sustained demurrers of plaintiff to plea No. 9. Its meaning is not clear and certain. It does not aver, if fire occurred, notice in writing of loss signed and sworn to must be, and was not, given the company by the insured within 60 days thereafter. It does not declare what the policy required the…
2Cases cited10 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
- Fidelity Phenix Fire Ins. Co. of New York v. RaperSupreme Court of Alabama · 1941
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- North British & Mercantile Ins. Co. v. SciandraSupreme Court of Alabama · 1951
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
11 more not listed; retrieve them via the Exa API.