Legal Opinion

New Brunswick Fire Ins. Co. v. Nichols

Supreme Court of Alabama

Decided June 7, 1923No. 6 Div. 614PublishedCited by 19 opinions

Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Suit on fire insurance policy by Wade H. Nichols against the' New Brunswick Fire Insurance Company. From a judgment for plaintiff, defendant appeals. A lessee of real estate, holding an option to purchase, is not the sole and unconditional owner nor fee-simple owner thereof, within the meaning of these terms as used in the standard New York fire insurance policy.

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Appeal from Circuit Court, Jefferson County ; C. B. Smith, Judge. Suit on fire insurance policy by Wade H. Nichols against the' New Brunswick Fire Insurance Company. From a judgment for plaintiff, defendant appeals. A lessee of real estate, holding an option to purchase, is not the sole and unconditional owner nor fee-simple owner thereof, within the meaning of these terms as used in the standard New York fire insurance policy. Joyce on Insurance, 2044; Finlon v. National Union Fire Ins. Co-., 65 Or. 493, 132 Pac. 712; Brown v. Commercial Fire Ins. Co., 86 Ala. 189, 5 South. 500; Richardson…

1Opinion of the CourtMiller, J.

Wade H. Nichols, plaintiff and appellee, brings this suit against the New Brunswick Fire Insurance Company, a corporation, on a fire insurance policy. The building burned was used for a moving picture show or theater, and the fire occurred on November 23,1919. The amount of the policy is $1,500, and was dated September 25, 1919. There was judgment for the plaintiff, and the defendant appeals from it.

[1] There was a demurrer to the complaint as amended, which was overruled by the court, and this ruling of the Court is assigned as error; but we cannot find where it is argued and insisted-on in…

2Cases cited13 opinions

  1. Queen Insurance v. YoungSupreme Court of Alabama · 1888
  2. Loventhal v. Home InsuranceSupreme Court of Alabama · 1895
  3. Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
  4. Hodge v. RamboSupreme Court of Alabama · 1908
  5. Pope v. Glens Falls InsuranceSupreme Court of Alabama · 1900

8 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Girard Fire Marine Ins. Co. v. GunnSupreme Court of Alabama · 1930
  2. Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
  3. Home Ins. Co. of New York v. ScharnagelSupreme Court of Alabama · 1933
  4. Farrington v. Granite State Fire Ins. Co.Utah Supreme Court · 1951
  5. Gunn v. Palatine Ins. Co., Ltd., of LondonSupreme Court of Alabama · 1927

14 more not listed; retrieve them via the Exa API.

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