Hartford Fire Insurance v. Kirkpatrick, Dunn & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action brought by Kirkpatrick, Dunn & Co. against the Hartford Fire Insurance Company, to recover the amount of a loss by fire, covered by a policy of insurance issued by the defendant.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. This was an action brought by Kirkpatrick, Dunn & Co. against the Hartford Fire Insurance Company, to recover the amount of a loss by fire, covered by a policy of insurance issued by the defendant. The defendant pleaded by its third and fifth special pleas payment and satisfaction of the claim, and that the cause of action by the plaintiff had been settled for $25, paid by the defendant and accepted by the plaintiffs in satisfaction of their demand, and that the policy Was assigned and relinquished by…
1Opinion of the CourtBrickell, C. J.
Appellees brought suit against the appellant to recover the amount of a loss from fire covered by a policy of insurance issued by appellant to *464appellees on their stock of merchandise.- The defendant (appellant) filed a general denial of indebtedness and of each allegation of the complaint; also pleaded payment and that the cause of action had been settled for $25 paid by the appellant to appellees and accepted by them in satisfaction of their demand, and that the policy of insurance was assigned and relinquished by appellees to appellant before the commencement of the suit. To the last two…
2Cases cited13 opinions
- Eadie v. . SlimmonNew York Court of Appeals · 1862
- Brown v. PierceSupreme Court of the United States · 1869
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
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- Baker v. MortonSupreme Court of the United States · 1871
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3Cited by19 opinions
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