Tubb v. Liverpool & London & Globe Insurance
Supreme Court of Alabama
Appeal from Circuit Court of Walker. Tried before the Hon. James J Banks. This action was brought on July 29, 1893, by the appellant, G. T. Tubb, against the appellee, the Liverpool & London & Globe Insurance Company, to recover, as recited in the complaint, “the value of a stock of general merchandise, such as is usually kept for sale in country stores, which the defendant, on the 8th day of April, 1893, insured against losses or injury by fire, and other perils, in a…
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Appeal from Circuit Court of Walker. Tried before the Hon. James J Banks. This action was brought on July 29, 1893, by the appellant, G. T. Tubb, against the appellee, the Liverpool & London & Globe Insurance Company, to recover, as recited in the complaint, “the value of a stock of general merchandise, such as is usually kept for sale in country stores, which the defendant, on the 8th day of April, 1893, insured against losses or injury by fire, and other perils, in a policy of insurance mentioned, for the term of one year, which stock of general merchandise was wholly destroyed by fire on…
1Opinion of the CourtHaralson, J.
-r-l. The demurrer to plea number *658ten should have been sustained. The plea very carefully avoids the allegation, that the alleged false or untruthful swearing was knowingly or willfully done. The authorities seem to be very uniform to the effect, that the swearing such as is averred this policy required, and such as was made by the insured after the loss in proof of the value of the goods destroyed, in order to work an avoidance or forfeiture of the insurance, must have been knowingly and willfully done with a fraudulent purpose, and that a mere innocent mistake, or mis-statement, or…
2Cases cited16 opinions
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Barlow v. LambertSupreme Court of Alabama · 1856
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
- Little v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1877
- Piedmont & Arlington Life Insurance v. YoungSupreme Court of Alabama · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Georgia Home Insurance v. AllenSupreme Court of Alabama · 1898
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Hartford Fire Ins. Co. v. ClarkSupreme Court of Alabama · 1952
- Robinson v. Aetna InsuranceSupreme Court of Alabama · 1900
5 more not listed; retrieve them via the Exa API.