German-American Insurance v. Commercial Fire Ins.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Abbington. This action was brought by the German-American Insurance Company, a New York corporation, against the Commercial Eire Insurance Companj7, an Alabama corporation located in Montgomery, and was founded on a contract, called a “re-insurance compact,” by wbicb tbe defendant agreed and undertook to assume a certain portion of tbe risks taken by tbe plaintiff, on tbe terms therein specified.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Abbington. This action was brought by the German-American Insurance Company, a New York corporation, against the Commercial Eire Insurance Companj7, an Alabama corporation located in Montgomery, and was founded on a contract, called a “re-insurance compact,” by wbicb tbe defendant agreed and undertook to assume a certain portion of tbe risks taken by tbe plaintiff, on tbe terms therein specified. A jury was waived, and tbe cause submitted to tbe decision of tbe court, under a demand for a special finding of the facts. On…
1Opinion of the CourtMcCLELLAN, J.
This is an action by tbe German-American Insurance Company against tbe Commercial Eire *471Insurance Company, on a contract by wbicb, it is alleged, tbe defendant re-insured certain risks taken by plaintiff on property in New York City. Tbe property was destroyed by fire, tbe loss paid by plaintiff, and reimbursement to tbe pro-rata extent of re-insurance is now sought to be enforced from defendant. Trial below was bad by agreement without jury, tbe issues of fact were found for defendant, and judgment went accordingly. This appeal presents for review tbe conclusions of the city judge on the…
2Cases cited12 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Higgins v. . MooreNew York Court of Appeals · 1866
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
- Bradley v. . WheelerNew York Court of Appeals · 1871
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3Cited by12 opinions
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- People Ex Rel. Sea Insurance v. GravesNew York Court of Appeals · 1937
- Simon & Son v. JohnsonSupreme Court of Alabama · 1893
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