Chirstian & Daniel v. Niagara Fire Insurance
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Spkott. This was an action brought by the appellant against the appellee to recover the amount due on a fire insurance policy, whereby the defendant insured the plaintiffs against all loss or damage by fire on certain cotton owned by the plaintiffs and stored in their warehouse. The complaint contained three counts, as stated in the 'opinion.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Spkott. This was an action brought by the appellant against the appellee to recover the amount due on a fire insurance policy, whereby the defendant insured the plaintiffs against all loss or damage by fire on certain cotton owned by the plaintiffs and stored in their warehouse. The complaint contained three counts, as stated in the 'opinion. The defendant filed five pleas in answer to said complaint, the substance of which were as follows : No. 1, in answer to 1st count of complaint, admitted the execution of the policy…
1Opinion of the CourtColeman, J.
The action was to recover an amount claimed to be due upon a fire policy of insurance. The declaration consists of three counts ; the first in the common form on the policy, averring the insurance of cotton, the destruction of seventeen bales, &c. by fire; the second count is upon an account stated, and the third, for money had and received. Several assignments of error are made upon the rulings of the court upon the pleadings, but we are of opinion that a few general principles will settle them all. To the first count there was a special plea, setting out the entire policy of insurance, one…
2Cases cited5 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Prince v. PrinceSupreme Court of Alabama · 1880
- McAden v. GibsonSupreme Court of Alabama · 1843
- Winter v. Mobile Savings BankSupreme Court of Alabama · 1875
- Ernst Bros. v. HollisSupreme Court of Alabama · 1888
3Cited by10 opinions
- Francis v. WhiteSupreme Court of Alabama · 1904
- Woodmen of the World v. MaynorSupreme Court of Alabama · 1921
- Ivy Coal & Coke Co. v. LongSupreme Court of Alabama · 1903
- Thompson v. HudginsSupreme Court of Alabama · 1896
- Pearl Assur. Co. v. Hartford Fire Ins. Co.Supreme Court of Alabama · 1940
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