People's Savings Bank v. Jordan
Supreme Court of Alabama
Appeal from Circuit Court, Elmore County ;■ Leon McCord, Judge. M. R. Jordan sued the People’s Savings Bank of Tallassee arid its successor, the bank of Tallassee, to recover on a noté, and for breach of contract to insure. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Elmore County ;■ Leon McCord, Judge. M. R. Jordan sued the People’s Savings Bank of Tallassee arid its successor, the bank of Tallassee, to recover on a noté, and for breach of contract to insure. Judgment for plaintiff, and defendants appeal. The note sued on is secured by a mortgage which provided that the mortgagor maker should keep the property therein described insured in good and responsible companies, for not less than $2,000, and have the policies payable to plaintiff, as her interest might appear in said property, and to deliver same to her, and that for…
1Opinion of the CourtSomeramlle, J.
[1] On the undisputed facts shown by the bill of exceptions, there was a breach of the covenant to insure, and nothing done by the mortgagee had the effect of a waiver of the breach. The mortgagor properly exercised her option to declare the entire debt due, and hence the suit was not prematurely filed. In another suit between these parties for the foreclosure of the mortgage in equity, we reached the same conclusion on substantially the same evidence. Bank of Tallassee et al. v. M. R. Jordan, 199 Ala. 374, 74 South. 936.
[2] There was no error in the sustaining of demurrers to the special…
2Cases cited4 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Hodge v. RamboSupreme Court of Alabama · 1908
- Johnson v. StateSupreme Court of Alabama · 1907
- Bank of Tallassee v. JordanSupreme Court of Alabama · 1917
3Cited by25 opinions
- Brownson v. HannahSupreme Court of Florida · 1927
- United States Fire Ins. Co. v. SmithSupreme Court of Alabama · 1935
- Continental Casualty Co. v. BrawnerSupreme Court of Alabama · 1933
- Motz v. Alropa CorporationSupreme Court of Georgia · 1941
- Ackley v. NoggleSupreme Court of Florida · 1929
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