Aachen & Munich F. I. Co. v. Arabian Toilet Goods Co.
Alabama Court of Appeals
Appeal from Efowali Circuit Court. Heard before Hon. James E. Blackwood. Action by the Arabian Toilet Goods Company against the Aachen & Munich F. I. Company, on a fire policy. Judgment for plaintiff and defendant 'appeals. The demurrers attempt to set up matter in reply to the pleas which could properly come only by way of replication. — Trustees v. Winston, 5 S. & P. 17. Counsel discuss the assignments of error relative to evidence, but without citation of authority.
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Appeal from Efowali Circuit Court. Heard before Hon. James E. Blackwood. Action by the Arabian Toilet Goods Company against the Aachen & Munich F. I. Company, on a fire policy. Judgment for plaintiff and defendant 'appeals. The demurrers attempt to set up matter in reply to the pleas which could properly come only by way of replication. — Trustees v. Winston, 5 S. & P. 17. Counsel discuss the assignments of error relative to evidence, but without citation of authority. The direct question presented by the demurrers to the pleas has been decided against appellant. — 1 Dill. C. C. Rep. Ml; 19…
1Opinion of the CourtPelham, J.
The appellee, as plantiff in the lower court, brought suit on a fire insurance policy to recover the value of certain toilet articles, etc., alleged to have been destroyed by fire while covered by the policy of insurance, and located in a brick storehouse in Chattanooga, Tenn., on September 26, 1911. Besides the general issue, the defendant filed special pleas numbered 2, 3, 4, 5, 6, and 7. Pleas 2, 4, 5, and 6 set up in varying language a stipulation contained in the policy of insurance, requiring the insured to submit to an examination under oath as often as required by the company, and…
2Cases cited3 opinions
- Enos v. St. Paul Fire & Marine InsuranceSouth Dakota Supreme Court · 1894
- Moore Bros. v. CowanSupreme Court of Alabama · 1911
- Weide v. Germania Ins. Co.U.S. Circuit Court for the District of Minnesota · 1870
3Cited by6 opinions
- Weininger v. Metropolitan Fire InsuranceIllinois Supreme Court · 1935
- Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921
- Great American Ins. Co. v. DoverSupreme Court of Alabama · 1930
- Payne v. Nationwide Mutual Ins. Co.Supreme Court of Alabama · 1984
- Simonetti v. Niagara Fire Ins. Co. of New YorkDistrict Court, N.D. Alabama · 1947
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