Triple Link Mutual Indemnity Ass'n v. Williams
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit by Mary L. A. Williams against the Triple Link Mutual Indemnity Association on a policy of insurance issued against the life of Chas. G:! Williams, the husband of plaintiff. The facts averred in the pleadings and which there was evidence tending to support were that, the deceased was the foreman- of a switch, engine crew in the yard of a railroad company.
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was a suit by Mary L. A. Williams against the Triple Link Mutual Indemnity Association on a policy of insurance issued against the life of Chas. G:! Williams, the husband of plaintiff. The facts averred in the pleadings and which there was evidence tending to support were that, the deceased was the foreman- of a switch, engine crew in the yard of a railroad company. In the application for the policy it was stated that the applicant was “foreman of R. R. yards.” The plaintiff in reply to the plea of…
1Opinion of the Court
McCLELLÁN, C. J.
— The second count avers that the . money claimed is clue. It is not open to the objection tdken by the demurrer for its failure to aver in terms that satisfactory proofs of the death of the insured were made ninety days before the bringing of the suit. If proofs df death had not been furnished seasonably before suit, it was matter for plea in abatement. And moreover, the evidence is free from conflict that such proofs Avere furnished ninety days before the action Avas begun, and had the ruling been erroneous it did not injure the appellant. '
It was not necessary for the…
2Cases cited5 opinions
- Williamson v. New Orleans InsuranceSupreme Court of Alabama · 1887
- Ala. Gold Life Insurance v. GarnerSupreme Court of Alabama · 1884
- Hartford Fire Insurance v. KingSupreme Court of Alabama · 1894
- Creed v. Sun Fire Office of LondonSupreme Court of Alabama · 1893
- Sellers v. Commercial Fire InsuranceSupreme Court of Alabama · 1894
3Cited by28 opinions
- Kilborn v. Prudential InsuranceSupreme Court of Minnesota · 1906
- Reliance Life Ins. Co. v. SneedSupreme Court of Alabama · 1928
- Mutual Aid Union v. BlacknallSupreme Court of Arkansas · 1917
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1934
23 more not listed; retrieve them via the Exa API.