United States Health & Accident Ins. v. Savage
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by J. J. Savage against the United States Health & Accident Insurance Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. John C. Pugh. Action by J. J. Savage against the United States Health & Accident Insurance Company. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “Plaintiff claims of defendant $300 due-on a policy whereby defendant, on, to wit, the 15th day of March, 1909, insured for the term of, to wit, three years, the life and health of plaintiff, J. J. Savage, who suffered disability by reason of illness from, to wit, July 16, 1909, to January 1, 1910, of which defendant has had notice. Said policy is the property of…
1Opinion of the Court
SOMERVILLE; J.
The complaint is in the Code form (Code 1907, p. 1196). This form, though simple and concise, requires a description of the policy sued on to the extent of its date and the term of its opera*235tion. As averments descriptive of .tbe contract, these matters are material and essential, and a substantial variance between tbe averments of tbe complaint and tbe terms of tbe contract offered in evidence to support it is fatal to any recovery, if objection is seasonably made by tbe defendant in tbe trial court.
Tbe variance here apparent was, under all tbe authorities, a fatal variance, and…
2Cases cited9 opinions
- Adler v. MartinSupreme Court of Alabama · 1912
- Mason v. HallSupreme Court of Alabama · 1857
- Gamble v. KellumSupreme Court of Alabama · 1892
- United States H. & A. Co. v. VeitchSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. LideSupreme Court of Alabama · 1912
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3Cited by14 opinions
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- Western Assur. Co. v. HannSupreme Court of Alabama · 1917
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