Feibelman v. Manchester Fire Assurance Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James J. BaN-ks. This was an action upon a policy of fire insurance brought by the appellant against the appellee to recover insurance up m prop rty destroyed by fire. The complaint claimed a gross sum, specifying that a designated part thereof was upon fixtures, and another part for two pool tables, and another sum for stock of wine, whiskey, &c.
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Appeal from Jefferson Circuit Court. Tried before Hon. James J. BaN-ks. This was an action upon a policy of fire insurance brought by the appellant against the appellee to recover insurance up m prop rty destroyed by fire. The complaint claimed a gross sum, specifying that a designated part thereof was upon fixtures, and another part for two pool tables, and another sum for stock of wine, whiskey, &c. All of which was alleged to have been destroyed by fire, and the amount of loss upon each article agreed upon with the adju-ter of the defendant. An amendment to the complaint was afterwards…
1Opinion of the CourtHead, J.
The return to the certiorari brings up the original complaint in a very different shape from that in which it was presented to us by the original record, when the case was formerly submitted. It now conforms, substantially, to the Code form, ón a policy of fire insurance (Form 13j Code of 1886 p. 792). If it be true that this form of complaint implies an action, in the name of the assured, mentioned in the policy, when the assignee of the policy sues, the complaint ought to allege the assignment to the plaintiff, made in accordance with the authority to assign, contained in the policy. — Fire…
2Cases cited4 opinions
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Holland v. BarnesSupreme Court of Alabama · 1875
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
- Kuhl v. LongSupreme Court of Alabama · 1893
3Cited by34 opinions
- Fortenberry v. StateCourt of Criminal Appeals of Alabama · 1988
- Ashford v. McKeeSupreme Court of Alabama · 1913
- Hosey v. Seibels Bruce Group, S.C. Ins. Co.Supreme Court of Alabama · 1978
- Sovereign Camp, W. O. W. v. AdamsSupreme Court of Alabama · 1920
- Continental Insurance v. ParkesSupreme Court of Alabama · 1904
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