Waldman v. North British & Mercantile Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Henry Waldman, against the appellee, a foreign corporation; and was founded • on a policy of insurance against fire, which the plaintiff had effected with the defendant on certain personal property particularly described, for $1,200. The policy was date'd July 15th, Í887,. and was for the term of one year.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Henry Waldman, against the appellee, a foreign corporation; and was founded • on a policy of insurance against fire, which the plaintiff had effected with the defendant on certain personal property particularly described, for $1,200. The policy was date'd July 15th, Í887,. and was for the term of one year. The insured property, which consisted of silver and plated ware, furniture, clothing, Ac., was destroyed by fire, with the dwelling-house in which it was kept, on the 15th of…
1Opinion of the CourtMcCLELLAN, J.
This action is upon a policy of lire insurance. The following is one of its stipulations: “ . . . or if the assured shall have, or shall hereafter make, any other contract of insurance, whether valid or not, on the property hereby insured, or any part thereof, without the consent of the company written hereon, . . . then, and in every such case, this policy shall become void.” The assured subsequently did make such other contract of insurance. No consent thereto was ever written on the policy. In point of fact, no notice thereof was ever brought home to the insurer, or to E. B. Joseph, its…
2Cases cited9 opinions
- Bodine v. . Exchange Fire Ins. Co.New York Court of Appeals · 1872
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Tuskaloosa Cotton-Seed Oil Co. v. PerrySupreme Court of Alabama · 1887
- Johnson v. CunninghamSupreme Court of Alabama · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Hanover Fire Ins. Co. v. WoodSupreme Court of Alabama · 1923
- Westchester Fire Ins. Co. of New York v. GreenSupreme Court of Alabama · 1931
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
11 more not listed; retrieve them via the Exa API.