Scottish Union & National Insurance v. Dangaix
Supreme Court of Alabama
Appeal from the Circut Court of Jefferson. Tried before the Hon James J. Banks. This action was brought by the appellee, W. J. Dangaix, against the appellant corporation, The Scottish Union & National Insurance Company, to recover certain return or unearned premiums on policies of insurance , which had been issued by the defendant corporation to different persons, the holders of said policies having cancelled them, as allowed under the terms of the policies; and demanded the…
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Appeal from the Circut Court of Jefferson. Tried before the Hon James J. Banks. This action was brought by the appellee, W. J. Dangaix, against the appellant corporation, The Scottish Union & National Insurance Company, to recover certain return or unearned premiums on policies of insurance , which had been issued by the defendant corporation to different persons, the holders of said policies having cancelled them, as allowed under the terms of the policies; and demanded the return of a certain proportion of the premiums paid. The plaintiff claimed as assignee of these various policy holders.…
1Opinion of the CourtHaralson, J.
1. The demurrer to the 2d plea was properly sustained, for that the plea denied the ownership of the claims sued on, and was not verified as required by rule 29, page 810 of the Code.
2. There was no error in sustaining the demurrer to the 4th plea. Each cause of action in the complaint (73 in number) is distinct and separate from every other one, as much so, as if 73 promissory notes had been declared on, separately, in the same complaint. The principle which forbids the splitting of the same cause of action by bringing two or more suits upon it, has no application here, as the theory, on…
2Cited by16 opinions
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- Wefel v. StillmanSupreme Court of Alabama · 1907
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1914
- Prudential Ins. Co. of America v. CrouchDistrict Court, S.D. Indiana · 1985
- Enslen v. AllenSupreme Court of Alabama · 1909
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