Legal Opinion

Turner v. Stetts, Allen & Gill

Supreme Court of Alabama

Decided January 15, 1856PublishedCited by 6 opinions

Appeal from tbe Circuit Court of Macon. Tried before tbe Hon, JOHN Gill Shorter. This action was brought by tbe appellees, wbo sued as partners, against Matthew Turner, in September, 1852. Tbe declaration contained all tbe common counts.

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Appeal from tbe Circuit Court of Macon. Tried before tbe Hon, JOHN Gill Shorter. This action was brought by tbe appellees, wbo sued as partners, against Matthew Turner, in September, 1852. Tbe declaration contained all tbe common counts. Tbe facts proved on tbe trial, as disclosed by tbe bill of exceptions, so far as they have any bearing on tbe points decided by tbe court, may be thus stated: In November, 1851, the plaintiffs purchased from tbe defendant, at a sale of tbe property be longing to Crawford & Turner, certain materials for making carriages, buggies, &c., amounting in value to…

1Opinion of the CourtGoldthwaite, C. J.

The evidence disclosed by the record shows, that Turner, against whom the action was brought, had effected a fire insuranee.on a building of his own, and also on certain stock and materials belonging to Stetts, Allen & Gill, who were the plaintiffs below; that the insurance on all was taken by Turner in his own name, and in the same policy, — itnot being known to the insurers that any other person than himself owned or was interested in the stock, &c.; and that the policy contained a condition, to the effect that it would not cover “ property held in trust,” or on commission, unless insured…

2Cited by6 opinions

  1. Learned v. BrownCourt of Appeals for the Fifth Circuit · 1899
  2. Home Protection v. Caldwell Bros.Supreme Court of Alabama · 1888
  3. Lindley v. OrrAppellate Court of Illinois · 1899
  4. United States Cast Iron P. & F. Co. v. BaileySupreme Court of Alabama · 1915
  5. The DolphinU.S. Circuit Court for the District of Eastern Michigan · 1876

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