Continental Fire Ins. v. Brooks
Supreme Court of Alabama
Appeal from fbe Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought- by the appellee, M. M. Brooks, against tlie appellant, the Continental Fire Insurance Company.
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Appeal from fbe Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought- by the appellee, M. M. Brooks, against tlie appellant, the Continental Fire Insurance Company. The Complaint is in Code form on a policy of insurance on a dwelling house, against fire. • The defendant filed, besides the general issue, nine other special pleas, the substances of which was — copying from the tenth plea — “that under and by the terms of the policy, unless otherwise provided, by agreement indorsed thereon or added thereto, [the policy] should be void, if any change other than…
1Opinion of the CourtHaralson, J.
1. The complaint being in Code form, contains a sufficient averment of an insurable interest in the plaintiff. — Com. F. Ins. Co. v. C. C. Ins. Co., 81 Ala. 320.
■■ The plaintiff had an insurable interest in the property. He ha'd contracted to sell it to Henderson, a deed to be made when the entire purchase money was paid. A deed had not been made, and there remained due to plaintiff on the purchase money, about $900, the insurance on the property destroyed being $500. He had an equitable lien or mortgage on the property for the payment of his debt. — Hester v. Hunnicutt, 104 Ala. 282.…
2Cases cited7 opinions
- Alabama State Mutual Assurance Co. v. Long Clothing & Shoe Co.Supreme Court of Alabama · 1898
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Johnson v. ChristianSupreme Court of the United States · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sun Ins. Office of London v. MitchellSupreme Court of Alabama · 1914
- Aetna Fire Ins. v. KennedySupreme Court of Alabama · 1909
- Milwaukee Mechanics Ins. Co. v. MaplesAlabama Court of Appeals · 1953
- Sullivan v. Mercantile Town Mut. Ins. Co.Supreme Court of Oklahoma · 1908
- Leisen v. St. Paul Fire & Marine InsuranceNorth Dakota Supreme Court · 1910
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