Sellers v. Commercial Fire Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This suit was brought by the appellants, J. S. Sellers & Sons, against the appellee, the Commercial Fire Insurance Company, and was founded on a policy of insurance against loss or damage by fire, covering a storehouse and a stock of merchandise therein.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This suit was brought by the appellants, J. S. Sellers & Sons, against the appellee, the Commercial Fire Insurance Company, and was founded on a policy of insurance against loss or damage by fire, covering a storehouse and a stock of merchandise therein. The defendant filed special pleas, which set up in substance the following defense : That the insurance was issued upon a written application in which plaintiffs warranted and agreed with the defendants that the statements therein contained were a just, full and…
1Opinion of the CourtBrickell, C. J.
It is obvious the admissibility of the evidence excluded is to be tested by the inquiry whether Trimble & Co., when a member of the firm prepared the application for insurance in which occurred the misdescription of the location of the storehouse, were the agents of the defendant. If there was legal evidence having a tendency to support the affirmative of this inquiry, the evidence excluded ought to have been 'received, leaving the jury to pass upon its sufficiency and credibility, however much may have been the conflict in the evidence touching the transaction to which it related. If there…
2Cases cited9 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Company v. MahoneSupreme Court of the United States · 1875
- Arff v. Star Fire InsuranceNew York Court of Appeals · 1890
- Devens v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1880
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
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3Cited by8 opinions
- American Pioneer Life Ins. Co. v. SandlinSupreme Court of Alabama · 1985
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
- Triple Link Mutual Indemnity Ass'n v. WilliamsSupreme Court of Alabama · 1898
- Bank of Anderson v. Home InsuranceCalifornia Court of Appeal · 1910
- Buck v. Stuyvesant InsuranceMissouri Court of Appeals · 1922
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