Legal Opinion
American Life Ins. Co. v. Aladdin Temple Ben. Ass'n
Supreme Court of Alabama
Decided June 15, 1939No. 6 Div. 526PublishedCited by 7 opinions
1Opinion of the Court
FOSTER, Justice.
This is a second appeal in this suit. See, 235 Ala. 431, 179 So. 243. It was tried on counts B, C and D there referred to. No question is here raised as to their sufficiency.
The questions now are whether they have been proven so as to justify a recovery, and whether demurrers to defendant’s special pleas were properly sustained.
There are two aspects of the right to recover (not now considering the amount) ; one is under count B for money had and received, and the other is under counts C and D, for breach of a special contract.
The theory of count B is that if the special…
2Cases cited27 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Sun Ins. Office of London v. MitchellSupreme Court of Alabama · 1914
- Flinn v. BarberSupreme Court of Alabama · 1879
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lane v. Central Bank of Alabama, N.A.Supreme Court of Alabama · 1983
- Almon v. Morgan CountySupreme Court of Alabama · 1944
- Continental Casualty Company v. Mrs. Gladys Leith HolmesCourt of Appeals for the Fifth Circuit · 1959
- Liberty Nat. Life Ins. Co. v. StaggsSupreme Court of Alabama · 1942
- Evans v. Ideal Brick & Brikcrete Manufacturing Co.Supreme Court of Oklahoma · 1955
2 more not listed; retrieve them via the Exa API.