Shadgett v. Phillips & Crew Co.
Supreme Court of Alabama
Appeal from t'lie Chancery Court of Henry. Heard before the 1-Ion. Jere N. Williams. In this ease the appellee, Phillips & Crew Co., sold to T. E. Shadgett a piano.
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Appeal from t'lie Chancery Court of Henry. Heard before the 1-Ion. Jere N. Williams. In this ease the appellee, Phillips & Crew Co., sold to T. E. Shadgett a piano. T. E. Shadgett signed an agreement which stipulated that the purchaise price was to be paid by installments, and until fully paid the title to the piano was to remain in the vendor, the Phillips & Crew Company; and the agreement further provided that ; in case of the destruction of or damage to the piano by fire, water, or otherwise, the loss was to be borne by the vendee, T. E. Shadgett, and he agreed to have the piano insured…
1Opinion of the CourtSharpe, J.
Unless tlio mere fact that Mrs. Shadgett received the piano as a gift- from her husband with knowledge of his obligation to insure it for complainant’s benefit placed her in the Shoes of her husband with respect to that obligation, it is impossible to recognize any principle upon which complainant can claim the insurance money in controversy. The contract of insurance was wholly between the defendant and the Insurance Company and was personal in the sense that the money agreed to be paid in case of loss was' not. to stand in the place of the piano itself hut was a mere indemnity against the…
2Cases cited4 opinions
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Miller v. AldrichMichigan Supreme Court · 1875
- Dunlop v. . AveryNew York Court of Appeals · 1882
- Vandegraaff v. MedlockSupreme Court of Alabama · 1836
3Cited by8 opinions
- Houston Canning Co. v. Virginia Can Co.Supreme Court of Alabama · 1924
- Miles v. MilesSupreme Court of Alabama · 1924
- Bell v. BarefieldSupreme Court of Alabama · 1929
- Bankers Mortgage Building & Loan Ass'n v. SimpsonCourt of Appeals for the Fifth Circuit · 1937
- Oldham's Trustee v. Boston InsuranceCourt of Appeals of Kentucky · 1920
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