Merchants' Insurance v. Mazange
Supreme Court of Alabama
Errob, to the Chancery Court of Mobile. Heard before tbe Hon. J. "W". LesesNE. This was a bill, filed by Ovid Mazange against tbe plaintiffs in error, to recover the amount of a policy of insurance effected by Deas witb tbe Merchants’ Insurance Co., to the extent of four thousand dollars, upon a certain brick building in tbe city of Mobile, known as “The Bepublic.”
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Errob, to the Chancery Court of Mobile. Heard before tbe Hon. J. "W". LesesNE. This was a bill, filed by Ovid Mazange against tbe plaintiffs in error, to recover the amount of a policy of insurance effected by Deas witb tbe Merchants’ Insurance Co., to the extent of four thousand dollars, upon a certain brick building in tbe city of Mobile, known as “The Bepublic.” The language of the policy is, that the Company “insure James S. Deas against loss or damage by fire to tbe amount of four thousand dollars,” &c., on said property, which is particularly described, “ and do hereby promise and…
1Opinion of the CourtChilton, J.
The view which we take of this case renders it unnecessary for us to inquire, whether the covenant contained in the lease from Eslava to Chantron, that the latter would cause the premises to be insured against loss by fire, &c., was a covenant merely personal or collateral, or whether it runs with the land, so as to be binding upon the assignee of the covenantee.
After arfull investigation of the authorities, we have arrived at the conclusion, that Deas does not occupy the position of an assignee of Chantron, and cannot, therefore, be chargeable with the burthens imposed upon him by the demise.
Also in this document: Per curiam.
2Cases cited4 opinions
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1858
- Turner v. BurrowsCourt for the Trial of Impeachments and Correction of Errors · 1831
- Murray v. Columbian InsuranceNew York Supreme Court · 1814
- Durand v. N. Thouron & Co.Supreme Court of Alabama · 1834
3Cited by6 opinions
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Patterson v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1919
- City of Birmingham v. GrahamSupreme Court of Alabama · 1918
- Davis-Wellcome Mortgage Co. v. Long-Bell Lumber Co.Supreme Court of Kansas · 1959
- Ong v. IdlemanOregon Supreme Court · 1923
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