Cowart v. Capital City Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This action was brought by the appellant, A. J. Cowart, against the appellee, the Capital City Insurance Company ; and counted upon a policy of fire insurance. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the defendant.
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Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This action was brought by the appellant, A. J. Cowart, against the appellee, the Capital City Insurance Company ; and counted upon a policy of fire insurance. The facts of the case are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals, and assigns as error the giving- of the general affirmative charge requested by the defendant, and the rendition of judgment in the defendant’s behalf.
1Opinion of the Court
HEAD, J. —
Action on a policy of fire insurance covering plaintiff’s dwelling house and furniture therein. Three defenses were interposed by special pleas, on which issue was joined. 1. That plaintiff effected prior insurance on the property, or a part of it, contrary to a condition of the policy, rendering it void for that cause. 2. That the plaintiff executed a mortgage on a part of the property, contrary to a like prohibition.' 3. That plaintiff did not own the entire interest in the property at the time of said alleged loss. The first only of these defenses has, under the evidence, any…
2Cases cited1 opinion
- Phœnix Insurance v. BouldenSupreme Court of Alabama · 1893
3Cited by12 opinions
- Western Nat. Ins. Co. v. MarshSupreme Court of Oklahoma · 1912
- De Shields v. Insurance Co. of North AmericaSupreme Court of South Carolina · 1923
- National Life Ins. Co. of United States of America v. ReedySupreme Court of Alabama · 1927
- Home Ins. Co. v. ShrinerSupreme Court of Alabama · 1937
- Home Ins. Co. v. CollinsCourt of Appeals of Texas · 1932
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