Insurance Co. of North America v. Forcheimer & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before tbe Hon. ¥s. E. Clarke. This action was brought by M. Forcheimer & Co., merchants and partners doing business in Mobile, against the Insurance Company of North America, a Pennsylvania corporation, to recover $10,000 insurance on “315 double bags of coffee,” which had been shipped to the plaintiffs from New York, on the 1st June, 1887, per steamer Vidette, and was lost, with the vessel, in the Gulf of Mexico, on the night…
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before tbe Hon. ¥s. E. Clarke. This action was brought by M. Forcheimer & Co., merchants and partners doing business in Mobile, against the Insurance Company of North America, a Pennsylvania corporation, to recover $10,000 insurance on “315 double bags of coffee,” which had been shipped to the plaintiffs from New York, on the 1st June, 1887, per steamer Vidette, and was lost, with the vessel, in the Gulf of Mexico, on the night of June 13th, or the morning of the 14th. The defendant pleaded the general issue, and also several special pleas,…
1Opinion of the CourtMcCLELLAN, J.
It is not denied that the purpose of the policy was to insure property, the general ownership of which was in the appellees. It may be admitted that the steamship company had an insurable interest in the subject-matter insured. The company had the custody and possession of it, for the purpose of transportation; and had the property been' lost in the transit, through the fault of the carrier, or its agents or employees, the steamship company would have been liable to appellees for its value. Loss, without fault on the part of the carrier, would have entailed no liability on it under the…
2Cases cited4 opinions
- Harrison v. HarrisonSupreme Court of Alabama · 1852
- Perry v. Merchants' InsuranceSupreme Court of Alabama · 1854
- Babbett v. . YoungNew York Court of Appeals · 1872
- Clarke v. PrattSupreme Court of Alabama · 1852
3Cited by13 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Insurance Companies v. RadenSupreme Court of Alabama · 1888
- City of New York Ins. v. JordanCourt of Appeals for the Fifth Circuit · 1922
- Western Casualty & Surety Co. v. LundCourt of Appeals for the Tenth Circuit · 1956
- Mobile Fire Marine Ins. Co. v. KraftAlabama Court of Appeals · 1953
8 more not listed; retrieve them via the Exa API.