Neuberger v. Preferred Acc. Ins. Co. of New York
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney,, Judge. Action by Samuel J. Neuberger against the Preferred Accident Insurance Company of New York upon a policy of insurance covering an automobile risk. The court sustained demurrers to plaintiff’s replication, whereupon plaintiff took a nonsuit and appealed.
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Appeal from Circuit Court, Mobile County; Saffold Berney,, Judge. Action by Samuel J. Neuberger against the Preferred Accident Insurance Company of New York upon a policy of insurance covering an automobile risk. The court sustained demurrers to plaintiff’s replication, whereupon plaintiff took a nonsuit and appealed. The demurrers to the replication are 'as fqllows: (1,) The facts, alleged are insufficient to show that the release, signed by the plaintiff, was executed because of duress. (2) For that it affirmatively appears from the facts alleged that the release signed by the plaintiff was…
1Opinion of the Court
MERRITT, J..The plaintiff brought suit to recover of the defendant an amount alleged to be due by virtue of a contract of insurance, whereby the defendant indemnified the plaintiff to the amount of $5,000 which might be occasioned on account of the maintenance, use, and operation of a certain Chandler Automobile. The counts of the complaint proceeded on the idea of a breach the contract of insurance in' not indemnifying the plaintiff against liability for a loss falling within the terms of the policy. The defendant filed a plea of the general issue, a plea of payment, and a special plea…
2Cases cited6 opinions
- Harris v. TysonSupreme Court of Pennsylvania · 1855
- Vick v. ShinnSupreme Court of Arkansas · 1886
- Hilborn v. BucknamSupreme Judicial Court of Maine · 1886
- Thorn v. PinkhamSupreme Judicial Court of Maine · 1891
- United States Banking Co. v. VealeSupreme Court of Kansas · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1936
- Davis v. Maryland Casualty Co.Louisiana Court of Appeal · 1931
- St. Joseph Transfer & Storage Co. v. Employers Indemnity Corp.Missouri Court of Appeals · 1930
- Choksi v. ShahSupreme Court of Alabama · 2008
- Neuberger v. Preferred Acc. Ins. Co.Supreme Court of Alabama · 1921