Cardwell v. Virginia State Insurance
Supreme Court of Alabama
Appeal fr.om Marshall Chanc.ery Court. Heard before Hon. James E. Horton, Jr. Bill by W. D. Cardwell against the Virginia State Insurance Company and others, for redemption from mortgage, to declare the policy of insurance an existing and binding obligation, and decree the right of complainant to collect the policy or to have credit on his mortgage to the full amount of-the claim.
Read the full summary
Appeal fr.om Marshall Chanc.ery Court. Heard before Hon. James E. Horton, Jr. Bill by W. D. Cardwell against the Virginia State Insurance Company and others, for redemption from mortgage, to declare the policy of insurance an existing and binding obligation, and decree the right of complainant to collect the policy or to have credit on his mortgage to the full amount of-the claim. Decree for respondents, and complainant appeals. •The primary purpose of the bill seems to be to redeem from a mortgage executed to the Scottish American Mortgage Company to secure a loan of $1,200 by complainant,…
1Opinion of the Court
ANDERSON, C. J.—(1) It is generally held that an execu-tory contract of sale does not constitute a breach of a provision in an insurance policy against “a change of' interest, title or possession,” where there has been no conveyance of the legal title or delivery of the possession of the property. Where, however, under a contract for the sale of the insured property, the vendee is placed in possession, it is held that this constitutes a breach of such a provision.—Pomeroy v. Ætna Insurance Co., 86 Kan. 214, 120 Pac. 344, 38 L. R. A. (N. S.) 142, Ann. Cas. 1913C, 173, and note. Indeed, our own…
2Cases cited10 opinions
- Turner v. TurnerSupreme Court of Alabama · 1894
- Murphy v. Hunt, Miller & Co.Supreme Court of Alabama · 1883
- Boyle v. ShulmanSupreme Court of Alabama · 1877
- Pomeroy v. Ætna InsuranceSupreme Court of Kansas · 1912
- Bland v. PutmanSupreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- North River Insurance v. WaddellSupreme Court of Alabama · 1927
- Tarrant Land Co. v. Palmetto Fire Ins. Co.Supreme Court of Alabama · 1930
- Farmers Mutual Fire Insurance v. OlsonIndiana Court of Appeals · 1920
- Tucker v. Royal Ins. Co.Supreme Court of Alabama · 1929
- Providence Washington Insurance v. PassCourt of Appeals of Georgia · 1940