Capital City Insurance v. Jones
Supreme Court of Alabama
Appeal from tlie Circniit Court of Conecuh. Tried before the Hon. J. O. Anderson. This was an action on a policy of fire insurance instituted by the appellee as assignee of W. E. Livennan. The policy was taken out by plaintiff’s predecessor in trust in accordance with the agreement of the assignee to keep the jiroperty insured for the benefit of a mortgagee whose mortgage antedated the assingment.
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Appeal from tlie Circniit Court of Conecuh. Tried before the Hon. J. O. Anderson. This was an action on a policy of fire insurance instituted by the appellee as assignee of W. E. Livennan. The policy was taken out by plaintiff’s predecessor in trust in accordance with the agreement of the assignee to keep the jiroperty insured for the benefit of a mortgagee whose mortgage antedated the assingment. The policy was for one thousand dollars ($1,000.00), which was the amount of the loss. There was a controversy in the evidence as to whether the mortgage debt was equal to or exceeded or was less…
1Opinion of the CourtMcCLELLAN, C. J.
When this cause was here on a former appeal the questions now presented for review by this record were not presented or decided. Capital City Ins. Co. v. Jones, 122 Ala. 421.
On the 3rd day of January, 1894, one Livennan made. an assignment of all his property to one J. P. Etheridge for the benefit of 'certain of his creditors, not including among them the National Building and Loan Association. In the list of property conveyed, was a storehouse. and lot owned and occupied by him, upon which was a mortgage to the National Building and Loan Association for $1,000. As to this house and lot, it…
2Cases cited13 opinions
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Palmer Savings Bank v. Insurance Co. of North AmericaMassachusetts Supreme Judicial Court · 1896
- Hanover Fire Insurance v. Alexander Brown & SonsCourt of Appeals of Maryland · 1893
- Insurance Co. v. ChaseSupreme Court of the United States · 1867
- Fire Insurance Companies v. FelrathSupreme Court of Alabama · 1884
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
- Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
- Missouri State Life Ins. Co. v. Robertson Banking Co.Supreme Court of Alabama · 1931
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
- &198tna Ins. Co. v. KoonceSupreme Court of Alabama · 1936
28 more not listed; retrieve them via the Exa API.