Sun Ins. Office of London v. Mitchell
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Asumpsit by W. J. F. Mitchell against the Sun Insurance Office of London. Judgment for plaintiff, and defendant appeals. The declaration was in code form for action on the policy of fire insurance for loss by fire.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Asumpsit by W. J. F. Mitchell against the Sun Insurance Office of London. Judgment for plaintiff, and defendant appeals. The declaration was in code form for action on the policy of fire insurance for loss by fire. Plaintiff’s evidence tended to show that he applied to H. B. Myers, the agent of defendant, resident at Gadsden, for insurance on his storehouse and stock of merchandise in Alabama City, a town just outside of Gadsden, and that the rate and amount of insurance, the term and the subject-matter were agreed upon, with…
1Opinion of the Court
SOMERVILLE, J. —
Both counts of the complaint are in code form, and are not subject to the grounds of demurrer assigned.
The certificate of the secretary of state was-properly admitted in evidence. Prima facie it established the general agency of Myers for the defendant company, and authorized him to transact the business of fire insurance for the company in the state of Alabama.
An agent who is authorized to solicit and receive applications for fire insurance, and, at his discretion, to countersign and issue policies of insurance intrusted to him by the company for that purpose, must be…
2Cases cited6 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Commercial Fire Insurance v. Morris & Co.Supreme Court of Alabama · 1894
- Insurance Co. of North America v. ThorntonSupreme Court of Alabama · 1900
- Continental Fire Ins. v. BrooksSupreme Court of Alabama · 1901
- Security Mutual Life Insurance v. RileySupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Cherokee Life Ins, Co. v. BrannumSupreme Court of Alabama · 1919
- Hartford Fire Insurance Company v. ShapiroSupreme Court of Alabama · 1960
- Halle v. BrooksSupreme Court of Alabama · 1923
- Parsons v. Federal Realty Corp.Supreme Court of Florida · 1931
- Continental Casualty Company v. Mrs. Gladys Leith HolmesCourt of Appeals for the Fifth Circuit · 1959
29 more not listed; retrieve them via the Exa API.